Terms of Use

Effective June 05, 2023

PLEASE READ THIS BOLD REPORTS EMBEDDED AGREEMENT CAREFULLY.

Overview Of What This Document Is

This Software License Services Agreement (the “Agreement”) is a legal agreement between you (“You”, “Your”, or “Customer”) and Syncfusion, Inc., a Delaware corporation with its principal place of business located at 2501 Aerial Center Parkway, Suite 111, Morrisville, North Carolina 27560 (“Syncfusion”). If you are acting as an individual, “You”, “Your”, or “Customer” will mean that You agree to be bound by these terms; otherwise, “You”, “Your”, or “Customer” means the business or other entity for which you are obtaining Bold Reports and the organization or entity that will be granted the rights and abide by the restrictions of the Agreement

What Is Syncfusion Bold Reports Embedded

Bold Reports Embedded or Bold Reports shall mean any portion of the Syncfusion’s Bold Reports Platform, to include the software framework, platform, assemblies, or documentation that provides any ability to do any of the following actions: ability to create, view, and share reports that will give You the ability to report on data and Key Performance Indicators (KPIs), visualize data within your application, or help report on data within your application as well as any updates or new versions of the same that may be delivered or made available by Syncfusion to Customer during the term of this license. It also provides You the ability to embed Bold Reports within an application that you own.

Syncfusion licenses its Bold Reports Platform for a monthly subscription fee. Your right to use any given copy of Bold Reports is generally set forth in this Agreement. In the event that your copy of this software product is licensed under a Project license, Division license, or Global license, additional terms and conditions shall also apply which will be set forth in a Master License Agreement, which is a separate written and signed agreement, defined below.

What Is Not Included

This Agreement is specific to the Syncfusion Bold Reports Embedded, hereafter in this agreement referred to as “Bold Reports” This does not provide any license rights for any other Licensed Product to include Bold Reports Cloud

Binding your company

If You are agreeing to this Agreement either on behalf of Yourself or a company or other legal entity, You represent that you have the authority to bind such entity. You must also be at least eighteen (18) years old to agree to these Terms. If You do not have such authority, are not at least eighteen (18), or if You do not agree with these Terms, you may not use the Services. If You or your organization are subject to the GDPR, You also accept our Data Processing Agreement, a copy of which can be obtained by contacting Syncfusion at privacy@syncfusion.com.

Read the Terms Carefully.

Carefully read all the terms and conditions of this Agreement prior to downloading, using, or installing Bold Reports (as that term is defined below). This Agreement between You and Syncfusion sets forth the terms and conditions of Your use of Bold Reports. For the purposes of this Agreement, the effective date of this Agreement shall be the date upon which You click the “YES” button below. If you choose to update to a later version of the software the then-current EULA will apply.

BY CLICKING THE “YES” BUTTON OR ACCESSING BOLD REPORTS IN ANY WAY, YOU ARE ACCEPTING ALL OF THE TERMS OF THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, ACCESS, INSTALL, OR OTHERWISE USE BOLD REPORTS.

IF AFTER READING THIS AGREEMENT YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, PLEASE CONTACT SYNCFUSION VIA EMAIL AT SALES@SYNCFUSION.COM OR BY TELEPHONE AT [1-888-936-8638].

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties to this Agreement, and intending to be legally bound, the parties hereby agree as follows:

1. The Basics

   This Agreement, and any Syncfusion posted terms as noted below, contains the entire understanding of Syncfusion and Customer and supersedes all prior written or oral communications between the parties with respect to the subject matter hereof. This Agreement does not operate as an acceptance of any conflicting terms and conditions and shall prevail over any conflicting provisions set forth in any Customer purchase order or any other instruments. In addition, when using Bold Reports, You shall be subject to any posted guidelines, rules, or terms applicable to such use, which may be posted from time to time and are subject to change. All such guidelines, rules, or terms (including without limitation the Syncfusion Data Policy, Syncfusion Privacy Policy, Syncfusion Cookie Policy, and Syncfusion Terms of Service) are hereby incorporated by reference into this Agreement; these terms can be viewed at any time a https://www.boldreports.com/legal/privacy Syncfusion may choose to offer other products or services that are governed by additional terms and conditions.

   Syncfusion reserves the right, at its sole discretion, to modify, discontinue or terminate Bold Reports or to modify this Agreement for any future versions at any time. These Terms can be viewed at any time at https://www.boldreports.com/legal/terms-of-use. If we modify these Terms, we will provide You with modified Terms during installation of the newer version. By continuing to access or use Bold Reports after we have presented the modified Terms, You agree to be bound by the modified Terms. If the modified Terms are not acceptable to You, You agree to immediately stop using Bold Reports. You may continue using the old version under a valid subscription under the terms of this agreement.

2. Definitions.

   Term	Definition
   Documentation	Documentation means the softcopy documentation provided by Syncfusion with the Licensed Program(s), such as softcopy user manuals and online help.
   Customer Development Team	This shall be the group of people, who are direct employees of the Customer who are programmatically accessing the Customer Product or are otherwise involved in its development.
   Distribution of Customer Product	This shall mean providing a copy or access to the Customer Product in completed form.
   Computer System	Computer System means the computer hardware equipment on which Customer has elected to install and/or execute a given copy of Licensed Program(s).
   Programmatic Access	Programmatic Access means access and/or the ability to patch, bug fix, code, add a line of code, modify any code, compile, develop, or recompile anything that contains, links to (directly or indirectly), is compiled against, compiles any DLL, or otherwise calls to or relies on Bold Reports.
   Personal Data	“Personal Data” means any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, or an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person and/or any data considered “personal data” and/or “personally identifiable information” by any data protection or privacy law or regulation.
   Customer Application/Product	A named application developed and distributed by Customer.
   Project License	shall allow Bold Reports to be used and embedded within the scope of a named Customer Application. For the purposes of pricing and license administration, a “Project Team” is deemed to be a distinct team within a Customer’s business unit that works towards a distinct business purpose for the benefit of a single Customer Application. Customer is required to identify the name of each such Project Team to Syncfusion; such name must be unambiguous in nature. It is acknowledged and agreed by Customer that each identified Project Team shall exist for a valid business purpose and not just as a means for consolidating software licenses to minimize license fees that are otherwise due. If, in the sole opinion of Syncfusion, multiple Customer teams would each individually meet the above definition of a Project Team, such multiple teams shall not be combined for the purpose of consolidating licenses under a single Project Team. Customer is responsible for providing information about each such Project Team to Syncfusion.
   Vendor	Vendor(s) means the third parties that furnish Syncfusion with portions of the Licensed Program(s). Certain Vendor software is licensed to be used in conjunction with the Licensed Program(s) and not for any other use.
   Community License	Community License means a limited license that may be granted to Customers with (1) Less than $1 million USD in annual gross revenue (2) Five or fewer developers (3) Ten or less employees Community Licenses provide free access to Bold Reports product for individual developers and small businesses, subject to the limitations set forth in Appendix B – Community License Addendum.

3. Bold Reports Fee, Prices, and Payment
   • 3.1 Bold Reports fee (“Bold Reports Fee”) is the aggregate of the monthly fees for the Services selected by Customer. Fees must be paid monthly to continue to possess, distribute, use, or access Syncfusion Embedded Bold Reports.
   • 3.2 All payments under this Agreement shall be made in United States dollars. Charges will be based on the specific plan chosen by the Customer.
   • 3.3 If You do not pay any monthly Service Fee covering a given period, Your account will be terminated.
   • 3.4 Payment Terms. The payments made to Syncfusion shall be made on a recurring basis and shall be charged in accordance with Your plan. All billing cycles are renewed automatically for the same billing cycle. Fees for the current cycle are based on the prevailing rate on the first date of such cycle according to Bold Reports selected. You expressly agree to recurring payments. You accept responsibility and understand that you will be automatically charged unless you cancel your order or the license is terminated.
   • 3.5 All Fees are stated, are non-refundable, and are exclusive of all taxes, levies, or duties, which are Your responsibility. We will endeavor to contact you via the email address you have provided for up to seven (7) days in the event of a failure of your chosen payment method. If payment is not received before this period passes, your Subscription will be cancelled without further notice.
   • 3.6 Withholding Taxes. If You are located in a jurisdiction which requires You to deduct or withhold taxes or other amounts from any amounts due to us, You must notify us in writing. In such a case, we reserve the right to assess the withheld amount or to increase the gross amount of the applicable payment so that, after the deduction or withholding for taxes, the net amount paid to us will not be less than the amount we would have received without the required deduction or withholding. The available payment methods and the required payment schedule are set forth in the Order Form.
   • 3.7 Payment Processing. You agree to promptly notify us of any changes to Your billing information. In case You pay with a credit card, You hereby authorize us to charge Your credit card on a recurring basis for all applicable fees and to store Your credit card information on our servers and/or on third-party payment processing providers’ servers.
   • 3.8 If You are invoiced, all amounts are payable within 30-days of receiving an invoice. Your payment may be processed through a third-party payment processing service, and additional terms may apply to such payments. We currently engage a third party for online payment processing services, and in addition to these Terms, You agree that such third-party terms and conditions shall apply to Your online payments of the Fees. We reserve the right to use other third-party payment processing services for such purposes in the future.

4. Electronic DeliverElectronic Delivery. All Software and Documentation shall be delivered by electronic means unless otherwise specified on the applicable ordering document. Software shall be deemed delivered when it is made available for download (“Delivery”).

5. Bold Reports Programmatic and other Access License Grant For Each Customer Application
   • 5.1 Bold Reports is meant to be embedded into your application. Any use is limited to the exact named Customer Application for which a paid software license has been obtained from Syncfusion. If you need to embed or otherwise use Bold Reports in other applications, projects, or derivative projects, then you must obtain additional licenses for each Customer Product
   • 5.2 The Parties agree no other application other than the Customer Application can link to, access, or compile any portion of Bold Reports without first obtaining additional licensing.
   • 5.3 Syncfusion grants, a nonexclusive, non-transferable, non-sub-licensable, limited license to use the Software in machine-readable, object code form, subject to the terms herein by duly authorized Users for the Term of the Agreement.
   • 5.4 The parties hereto also expressly agree as follows that during the Term of this Agreement, and only during the Term of the Agreement Licensed Entity may:
   • 5.4.1 Customer is licensed to create and use the dashboardsreports generated by Bold Reports embedding toolkit.
   • 5.4.2 Customer is licensed to embed components of Bold Reports so that Customer can create and use Bold Reports in all Customer Products, including, without limitation, all versions, releases, or corrections (whether developed or released during the Term of this Agreement).
   • 5.4.3 Customer Product may be licensed on a rental or subscription basis by Customer for the Term of the Agreement so long as there is no Programmatic Access by any individual who is not a direct employee of the Customer.
   • 5.5 Customer Products may be licensed by Customer for installation at a Customer site or third-party site. Bold Reports shall be used only by Customer for Customer’s sole and exclusive benefit and shall not be used to provide time-sharing or other similar services.
   • 5.6 No use is permitted when the monthly subscription fee is not paid.
   • 5.7 Customer acknowledges that any breach of this Section shall constitute a material breach of this Agreement and will result in an immediate termination of the license granted hereunder.

Syncfusion reserves all rights to Bold Reports not specifically granted herein.

6. ImprovementsIn the event that, the Customer modifies, improves or creates derivative works of or from Bold Reports or any part thereof (collectively, “Improvements”), Syncfusion shall immediately and irrevocably own all right, title and interest, including any and all Intellectual Property Rights, in and to such Improvements and the Customer hereby assigns any rights (including any Intellectual Property Rights) in such Improvements to Syncfusion and agrees to secure any additional confirmations, assignments or other instruments or documents as may be necessary to vest title to any such Improvements in Syncfusion as contemplated by this article.7.3. No amount shall be payable by Syncfusion to the Customer for the assignment of any rights in Improvements.

7. Support, Building Reports and Representing Data
   • 7.1 Syncfusion does offer Standard Support to answer any general questions or concerns. We have outlined the details in the Section titled Maintenance and Support.
   • 7.2 You are fully responsible for how You represent the Data, the connections of the Data, and how You choose to build reports for with Bold Reports You are responsible for using competent professionals who understand the security risks associated with data.
   • 7.3 Bold Reports can be used to build reports, connect to data sources, view reports, and see data. However, unless You purchase Consulting Hours or Priority Support, it is up to You to build the reports and manage data.

8. Trial Licenses

   Trial If Licensee is downloading Bold Reports for the first time, solely for purposes of considering the purchase of a subscription to Bold Reports, using the Software through the Free Trial section of Licensor’s website, or if a sales order specifies that an evaluation license is being granted thereunder, Licensor hereby grants to Licensee, and Licensee accepts, a nonexclusive, non-transferable, non-sub-licensable, limited right to use the Software in machine-readable, object code form, free of charge, for the purpose of evaluating whether to purchase a Bold Reports license, subject to the terms herein. Licensee may use the Software during the evaluation period for internal operations, on up to two Authorized Servers, by the Authorized Users specified upon download of the Software. The evaluation period is limited to a maximum of 14 days per organization.

    

9. No Rights Outside What IS Expressly State

   The Customer agrees any use outside of what is expressly agrees gives Syncfusion the right to immediately terminate the license Agreement

    

10. Restrictions

    You Must Ensure That Your Use Complies with the Table Below
    You cannot distribute Bold Reports in stand-alone form. You must have a significant value-add and ensure no one outside of your organization has Programmatic Access.
    Customer acknowledges and agrees that Customer, or anyone acting on behalf of the Customer, will not reverse engineer Bold Reports or any piece of technology or product that is incorporated into or links to Bold Reports.
    You may not allow any individual, entity, or third party to circumvent, disable, or otherwise interfere with security- related features of Bold Reports.
    You will ensure no individual, entity, or third party affects the security features, decompiles or disassembles, decrypts, or attempts to derive the source code of Bold Reports, or any components thereof
    You will ensure no individual, entity, or third party copies, modifies, translates, patches, improves, alters, changes, or creates any derivative works of Bold Reports, or any part thereof.
    You will ensure no Users use any robot, spider, scraper, or other automated means other than the Syncfusion provided API to access or monitor Bold Reports for any purpose.
    You will ensure no individual, entity, or third party takes any action that imposes or may impose (at Syncfusion’s sole discretion) an unreasonable or disproportionately large load on the Syncfusion infrastructure or infrastructure which supports Bold Reports.
    You will ensure no individual, entity, or third party interferes or attempts to interfere with the integrity or proper working of Bold Reports, or any related activities. This includes attempts to: breach or otherwise circumvent any security or authentication measures access, tamper with, or use non-public areas or parts of Bold Reports, or shared areas of Bold Reports You have not been invited to; interfere with or disrupt any user, host, or network, for example by sending a virus to, overloading, flooding, spamming, or mail-bombing any part of Bold Reports access, search, or create accounts for Bold Reports by any means other than our publicly supported interfaces (for example, by “scraping” or creating accounts in bulk);	Customer cannot use Bold Reports in such a way that results in the Customer’s development of software products that are directly or indirectly competitive with Bold Reports or any other Syncfusion products.	You will ensure no individual, entity, or third party uses any Syncfusion trademarks without our prior written consent.	You will ensure no individual, entity, or third party uses Bold Reports or Sites to develop a competing Bold Reports or product.
    You will ensure no individual, entity, or third party uses Bold Reports in any unlawful manner, for any harmful, irresponsible, or inappropriate purpose, or in breach of these Terms or any terms and conditions of any third- party product or Bold Reports.

Customer acknowledges and agrees that a breach of Section is a material breach of the Agreement that will result in termination of the Agreement and all Customer licensed rights.

11. Open Source
    • 11.1 Customer acknowledges and agrees that Customer may need to install Phantom JS. This is a separate installation not licensed by this agreement, and Syncfusion holds no liability in any form. You should check the terms of Phantom JS prior to choosing to install it. Information on Phantom JS can be found at https://github.com/ariya/phantomjs.
    • 11.2 Customer acknowledges and agrees that Bold Reports may contain open source components that are subject to the terms of open source licenses. A list of such open source components, and links to their licenses, are listed in Appendix A. This list can be changed or updated without notice. Syncfusion provides these internet links for Customer’s convenience only and makes no representation or warranty of any kind with regard thereto. Customer acknowledges and agrees that Customer remains solely liable for any claims that arise from Customer’s incorporation of the open source components into Customer’s products and that Syncfusion shall have no liability whatsoever under any circumstances.

12. User Name and Password
    • 12.1 Account Registration. You will need to register for an account for Bold Reports in order to place orders and maintain your subscription. Any registration information that You provide to us must be accurate, current, and complete. You must also update Your information so that we may send notices, statements, and other information to You by email or through Your account. You are responsible for all actions taken through your accounts.
    • 12.2 Security. Customer acknowledges and agrees that use of Bold Reports necessarily involves the transmission and storage of data over networks and hardware devices that are not owned, operated, or controlled by Syncfusion. Syncfusion is not responsible for any intercepted, lost, altered, stolen, or otherwise modified data that is transmitted or stored across such networks. By using the products, You accept all risks and agree Syncfusion will not have any liability for damages or equitable relief in any way.

13. Data
    • 13.1 License. While using the Service, Users may transmit or store certain content, data, or information to the Service, such as numbers, statistics, figures, representations, text, and information processed through the Service, or submissions made through the support for the Service (“Data”). The devices and the methods of transmission are outside of Syncfusion’s control, and Syncfusion holds no liability in any form. Moreover, if you make a public report or share a report, You (or Your organization) are providing anyone with access rights to see the data. Syncfusion has no liability in any form for any Data you share through the Service.
    • 13.2 You must ensure that at all times Your use and storage are compliant with federal, state, and local laws and regulations. You represent and warrant that (1) You have obtained all of the necessary rights, releases, and permissions to provide any and all of Your Data to Syncfusion and (2) Your data was transferred with informed consent in such a way that does not violate any law or regulation or the rights of any third party. Syncfusion assumes no responsibility or liability for any of Your data, and You shall be solely responsible for the consequences or results of using, disclosing, storing, or transmitting it.
    • 13.3 The Customer will have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness of and copyright permissions for all Customer Data. Syncfusion will not use the Customer Data for any purpose other than to ensure performance of this Agreement.
    • 13.4 Syncfusion reserves the right, but is not obliged, to review and remove any Customer Data which are deemed to be in violation with (i) the provisions of the Agreement or otherwise inappropriate, (ii) any rights of third parties, or (iii) any applicable legislation or regulation.
    • 13.5 Responsibility. You represent and warrant that You have obtained the rights to all of the rights, including intellectual property rights, subsisting in the Data submitted by You, and You have the right to provide the Data and the license granted in these Terms to use such Data as stated in this Agreement.
    • 13.6 Security. Syncfusion agrees, during the Term, to implement reasonable security measures to protect Data and will, at a minimum, utilize industry standard security procedures. However, because of the nature of the Service, which combines public and private information that is conveyed over the public internet on devices outside of Syncfusion’s control, then to the maximum extent permitted by law: (i) Syncfusion shall not be held liable for any damage caused as a result of Your use of the Service, its unavailability, or any error or faults in the Service and (ii) You alone shall be responsible and liable for the maintenance and backup of all Your Data and (iii) You will be responsible for any usage or breach of any Data rule, regulation, or restriction, to include but not limited to any GDPR restriction.
    • 13.7 Sensitive Data That Cannot Be Submitted. Customer acknowledges and agrees that Customer will not submit to Syncfusion (1) any personal identifiable information, (2) any patient, medical, or other health information or protected health information that is regulated by any law or regulation, (3) any other data that is protected by any law or regulation, or (4) any data that creates any liability or damages for Syncfusion. Syncfusion, at its sole discretion, can delete data or files at any time.
    • 13.8 For the avoidance of doubt, this section does not prevent the Customer from storing confidential data including data described in this section on their own networks including on Bold Reports platform. Such data should never be provided to Syncfusion.
    • 13.9 No data access by default. Syncfusion does not have access to data stored on your servers unless you choose to provide Syncfusion with access to your data for support purposes. If you choose to provide access to your data, it must be in accordance with the terms and conditions outlined in this Agreement. Syncfusion strongly recommends that you limit such access in scope and time. You always remain responsible for your data.
    • 13.10 No data transmission to Syncfusion. Syncfusion does not automatically transmit data back to our systems. We do not at any time have access to your systems unless you choose to provide such access. You remain responsible for your systems and servers.

14. Additional Licenses To Other Connecting Software
    • 14.1 You may need to obtain additional licenses to connect the Services to a data source even in instances where Syncfusion provides a working data access framework to connect to such data sources. As an example, if You are attempting to connect to Salesforce, Syncfusion offers this functionality; however, You must have adequate Salesforce licenses. No third-party licenses are included with this agreement.
    • 14.2 You acknowledge and agree that the Services do not come with access to any data connection source or any third-party product, to include, but not limited to, any Oracle, Salesforce, Google, Microsoft, or Adobe licenses.
    • 14.3 Customer agrees that in the event of any third-party claim about any third-party licenses, Syncfusion will have no liability to the Customer in any form. Customer further agrees that Customer will fully indemnify Syncfusion in the event the third party files any claim regarding any Customer use of a third-party product in connection with the Service without Customer obtaining proper licenses.
    • 14.3 Syncfusion reserves all rights to Bold Reports not specifically granted herein.

15. TitleNo title to or ownership in Bold Reports is transferred to Customer. Title to and all applicable rights in patents, copyrights, trademarks, and trade secrets in Bold Reports shall remain in Syncfusion or third parties from whom Syncfusion has obtained rights to license Bold Reports. Bold Reports provided hereunder, including the ideas, concepts, know-how, and technology contained therein, is proprietary and confidential to Syncfusion and its Vendors and contains trade secrets of Syncfusion and its Vendors. Customer agrees to be bound by and observe the proprietary, confidential, and trade secret nature thereof as herein provided. Customer agrees to take appropriate action by instruction or agreement with its employees who are permitted access to Bold Reports to fulfill its obligations hereunder. Except as may be permitted in writing by Syncfusion, Customer shall not provide, or otherwise make available, Bold Reports or copies thereof to any third party.

16. Term and Termination
    • 16.1 The license rights granted under this Agreement shall be for a period commencing at the earlier of (i) the payment of the license subscription fee or (ii) initial download of or access to the Licensed Product, excluding updates.
    • 16.2 The term of each Software license (“Subscription License Term”) is 1 year (which is paid monthly) from the Effective Date of the Agreement. Unless otherwise specified in the Agreement, all subscriptions will renew automatically for periods equal to your initial Subscription Term unless you cancel your account by contacting sales@syncfusion.com. If you cancel, your subscription will terminate at the end of then-current billing cycle, but you will not be entitled to any credits or refunds for amounts accrued or paid prior to such termination.
    • 16.3 The license will continue until either (i) the subscription expires or is cancelled, or (ii) the subscription license terminates
    • 16.4 Evaluation use by any organization shall be for less than thirty (30) days during any two-year period.
    • 16.5 Syncfusion shall have the right to terminate Customer’s license if Customer fails to pay any required license fee(s) or otherwise fails to comply with the license terms and conditions set forth herein. In the event that Customer’s failure to comply with the license terms and conditions is not payment-related or a material breach of the Agreement, Syncfusion shall give written notice to Customer of such default, and if such default has not been remedied within thirty (30) days after such notice, the license granted hereunder shall terminate. Specific termination timelines are as follows:
    • 16.6 In the event Customer fails to renew the subscription, then all licensed rights granted under this Agreement will immediately terminate, and Syncfusion shall not be required to give any written notice of such termination.
    • 16.7 In the event that Customer has failed to pay any required fee(s), whether an initial license fee or fee for additional licenses or any other services, Syncfusion shall give written notice to Customer of such default, and if such default has not been remedied in full within five (5) days of such notice, all licenses granted hereunder are hereby automatically revoked without further notice.
    • 16.8 Once any licenses are revoked for failure to pay license fees, all use of Bold Reports, shall be strictly prohibited. Syncfusion shall not be required to give any written notice in the event that Customer’s material breach of this Agreement results in the immediate termination of the license granted under this Agreement.
    • 16.9 Customer agrees that, upon expiration of the license term or upon termination for any reason, Customer shall immediately return or destroy Bold Reports, to include from all Servers, Users, computers, devices, and within the Customer’s possession, and copies thereof as directed by Syncfusion and, if requested by Syncfusion, to certify in writing and provide suitable evidence as to the destruction or return of Bold Reports and all copies thereof. Upon termination, Customer will have no rights to possess or distribute Bold Reports.
    • 16.10 In the event of termination or expiration, it is your obligation to transfer, back up, or otherwise maintain your data. You acknowledge that you should take all necessary precautions to avoid any loss of data that might result when Bold Reports can no longer be used, accessed, or properly licensed. Syncfusion will not be liable for loss of data following the termination or expiration of this Agreement.
    • 16.11 Sections 14, 15, 16, 17, 18 and 19 of this Agreement shall survive the expiration or termination of Customer’s license and this Agreement.

17. Warranty
    • 17.1 DURING THE PERIOD OF 45 DAYS COMMENCING FROM THE EARLIEST OF THE FIRST DATE OF USE, INSTALL, DOWNLOAD OR POSSESSION OF BOLD REPORTS (“COMMENCEMENT DATE”) SYNCFUSION WARRANTS, FOR CUSTOMER’S EXCLUSIVE BENEFIT THAT BOLD REPORTS, IF OPERATED AS DIRECTED IN THE DOCUMENTATION, SHALL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE FUNCTIONAL SPECIFICATIONS IN THE DOCUMENTATION. SYNCFUSION DOES NOT WARRANT THAT CUSTOMER’S USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR THAT THE OPERATION OF E BOLD REPORTS WILL BE ERROR-FREE OR SECURE OR THAT IT WILL BE COMPATIBLE WITH ALL OF LICENSEE’S EQUIPMENT OR SOFTWARE CONFIGURATIONS OR THAT THE SOFTWARE IS DESIGNED TO MEET ALL OF LICENSEE’S BUSINESS REQUIREMENTS. IN THE EVENT THERE IS A BREACH OF WARRANTY THE ONLY REMEDY THAT WILL BE AVIIAVLE IS FOR CUSTOMER TO ASK FOR A REFUND. WITHIN SIXTY (60) DAYS OF THE COMMENCEMENT DATE. NO OTHER REMEDIES WILL BE AVAILABLE. THE REFUND MUST BE REQUESTED IN WRITING NO LATER THAN THE 60TH DAY FROM THE COMMENCEMENT DATE. IF AFTER THE 45TH DATE FROM THE COMMENCEMENT DATE CUSTOMER CONTINUES TO USE THE PRODUCT, IT WILL BE ASSUMED THAT CUSTOMER EXCEPTS BOLD REPORTS AS-IS.
    • SYNCFUSION DOES NOT WARRANT THAT BOLD REPORTS OR ACCESS TO AND USE OF THE SITES OR BOLD REPORTS WILL BE UNINTERRUPTED, ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR BOLD REPORTS IS FREE FROM VIRUSES OR OTHER HARMFUL CODE.
    • SYNCFUSION OFFERS NO WARRANTY REGARDING THE RELIABILITY OF THE PERFORMANCE OF BOLD REPORTS, INCLUDING WITHOUT LIMITATION ANY WARRANTY: (I) THAT E BOLD REPORTS, INCLUDING ANY ANTI-VIRUS OR ANTI-SPAM FEATURES, WILL DETECT, BLOCK, OR PREVENT ALL VIRUSES, SPAM, OR OTHER HARMFUL OR UNWANTED CODE OR INTRUSIONS; AND (II) REGARDING THE BACKUP OR STORAGE OF CUSTOMER DATA ON OR BY HE BOLD REPORTS.; AND (III) THAT BOLD REPORTS WILL BE WITHOUT DISRUPTION OR OUTAGES. FROM TIME TO TIME, SYNCFUSION MAY NEED TO TAKE BOLD REPORTS OFFLINE FOR MAINTENANCE AND SUPPORT.
    • THE ABOVE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, AND WHICH WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

18. Indemnification.

    18.1 Syncfusion provides the Services and access to Bold Reports to Customer without any indemnification of any kind. Syncfusion does not provide any copyright indemnification, patent indemnification, trademark indemnification, data privacy indemnification, or other trade secret indemnification. Accordingly, Customer hereby assumes all risks and liabilities that may arise from Customer’s use of the Services. Moreover, in addition to any other limitation of liability set forth in these terms of use, You expressly agree that in no event shall Syncfusion or its officers, directors, employees, contractors, affiliates, or agents be liable to You or any third party for the following:

    • 18.1.1 Any direct, indirect, punitive, incidental, special, or consequential damages or any damages incurred by You, however caused and under any theory of liability. This shall include, but is not limited to, lost profits (directly or indirectly), loss of data, loss of files, loss of goodwill or business reputation, or other intangible loss;
    • 18.1.2 Any loss or damage that may be incurred by You, or arising from an outage, or arising out of or in any way connected with the use or performance of the Services; the delay in using or inability to use the Services; the provision of or failure to provide services; any information, documents, and publications obtained through the Website; or any loss or damage otherwise arising out of the use of the Services;
    • 18.1.3 Any loss or damage arising out of unauthorized access to or alteration of Your transmissions of data and of any material or data sent or received or not sent or received; and
    • 18.1.4 Any loss or damage arising out of any inaccuracies in the translation of information, documents, and publications, or of any misunderstandings resulting from differences in language usage, dialect, or particular regional usage in such translations.
    • 18.2 We have no liability for any loss, damage, or misappropriation of Your data, files, or information under any circumstances or for any consequences related to changes, restrictions, suspensions, or terminations of the Agreement.
    • 18.3 The limitations on Syncfusion’s liability in Section 18 apply even if Customer has been advised of or should have been aware of the possibility that such losses or damages could arise.
    • 18.4 This is the sole indemnification remedy. The Parties agree that if there is any liability for Syncfusion, it will be limited to $1.00 USD.

19. Use of Services and Limitation of Liability
    • 19.1 The Services are tools that are not intended to replace the professional skills and judgment of Customer and its employees, agents, and consultants. Customer alone shall be responsible for the accuracy and adequacy of information and data furnished for processing and any use made by Customer of the output of the Services or any reliance thereon by Customer or users of Customer products.
    • 19.2 Customer shall also be responsible for the continued operation and maintenance of the computer equipment and the third-party software used with the Services. For these reasons, Customer agrees to be solely responsible for the design, repair, and configuration of Customer’s equipment, machinery, systems, and/or products. Customer assumes all risks and liability for results obtained by the use of and/or implementation of the designs developed by Customer that are in any way influenced by the use of the Services or the provision of services, whether such designs are used singly or in combination with other designs or products. Customer shall protect, indemnify, hold harmless, and defend Syncfusion of and from any loss, cost, damage, or expense, including attorneys’ fees, arising from any claim asserted against Syncfusion that is in any way associated with the matters set forth in this Section 17.
    • 19.3 Without limitation of Section 19.1 or 19.2 above, Customer acknowledges and agrees that Syncfusion assumes no liabilities and has no liability whatsoever under any circumstances for any claim relating to the subject matter of this Agreement, regardless of the form of action, whether in contract or tort, including claims of negligence or claims of intellectual property infringement against Syncfusion. The Parties agree that if there is any liability for Syncfusion, it will be limited to $1.00 USD.

20. Maintenance and Support
    • 20.1 Conditions For All Support Maintenance – Support is provided in accordance with the terms of Syncfusion’s then-current support and maintenance policies. A current version of those policies is available from Syncfusion upon request.
    • 20.2 Syncfusion requires that each you provide enough information to identify each individual who is working with Bold Reports in the event that they require support. This is in order for Syncfusion to provide such Maintenance and Support for Bold Reports during an active Subscription License Term.
    • 20.3 Syncfusion reserves the right, in its sole discretion, to limit or suspend or terminate this subscription during any Subscription License Term in the event that Syncfusion determines that Customer is abusing Maintenance and Support. Examples of such abuse include, but are not limited to, (i) Customer personnel making excessive use of Syncfusion support resources, and (ii) Customer personnel making unreasonable demands of Syncfusion support personnel.
    • 20.4 Maintenance and Support is included during an active Subscription License Term. Termination of any such subscription shall result in the termination of Maintenance and Support.
    • 20.5 Priority Support
      • 20.5.1 In the event Customer chooses to have the add-on of priority support this will be noted in the order form. Priority support provides (1) Report creation assistance. (2) a faster level of support (3) access to a client service team member. Priority Support is at an additional fee and the terms and conditions can be updated at any time. Priority support is subject to Fair Use limits. These limits are currently defined as up to forty (40) hours of work each month. In the event use exceeds 40 hours per month on average during any three (3) month period, Syncfusion will inform customer and with customer consent, charge One hundred and Fifty U.S. Dollars ($150.00 USD) per hour for each additional hour of work performed in subsequent months. If additional billing is not acceptable to the customer, then Syncfusion reserves the right to limit priority support to 40 hours.
      • 20.5.2 Priority support shall also not be used to provide services to any third party. Syncfusion can cancel Priority Support at any time with thirty (30) days notice.

21. Export: Customer acknowledges that Bold Reports provided hereunder may be subject to the export control laws, rules, regulations, restrictions, and national security controls of the United States and other applicable foreign agencies (the “Export Controls”). Customer agrees to abide by the Export Controls, and that any part of Bold Reports licensed hereunder will not be exported (or re-exported from the country where it was first installed), directly or indirectly, separately or as part of a system, sold, leased, or otherwise transferred without Customer, at its own cost, first obtaining all necessary licenses from the United States Department of Commerce and any other appropriate agency of the United States Government as may be required by law. Customer acknowledges that it shall be solely responsible for determining the extent of any such licenses required, and for any costs associated with complying with the requirements of this Section 12. Customer hereby (i) represents and warrants that Customer is not an entity or person to which shipment of Bold Reports or provision of the Maintenance and Support services, is prohibited by the Export Controls; and (ii) agrees that it shall not export, re-export, or otherwise transfer Bold Reports to (a) any country subject to a United States trade embargo, (b) a national or resident of any country subject to a United States trade embargo, (c) any person or entity to which shipment of Bold Reports is prohibited by the Export Controls, or (d) anyone who is engaged in activities related to the design, development, production, or use of nuclear materials, nuclear facilities, nuclear weapons, missiles, or chemical or biological weapons. Customer shall, at its expense, defend Syncfusion and its affiliates from any third party claim or action arising out of any inaccurate representation made by Customer regarding the existence of an export license, Customer’s failure to provide information to Syncfusion to obtain an export license, or any allegation made against Syncfusion due to Customer’s violation or alleged violation of the Export Controls (an “Export Claim”) and shall pay any judgments or settlements reached in connection with the Export Claim as well as Syncfusion’s costs of responding to any such Export Claim.

22. Government Contracting: If Bold Reports is used in connection with providing goods and/or services to the United States government or any other government agency or entity contracting or subcontracting services, Customer shall ensure that no government agency or entity shall acquire any rights of any nature in the Licensed Program(s). Notwithstanding the foregoing, Customer may freely license its Customer products that include Licensed Assemblies subject to Customer’s compliance with all of the limitations set forth in this Agreement. For the avoidance of doubt, the United States Government or any other government agency shall have no distribution or development rights in Customer’s products that include the Licensed Assemblies under any such arrangement. Customer is solely responsible for vetting and seeing if Bold Reports is allowed under government regulations

23. Taxes: The License Fees and any other amounts payable pursuant to the terms and conditions herein are exclusive of all national, state, regional, local, municipal, or other taxes and fees including, but not limited to, excise, sales, use, property, ad valorem, intangibles, goods and services and value added taxes, customs duties, and registration fees now in force or enacted in the future, and all such taxes and fees, except taxes based on Syncfusion’s net worth, capital, or net income, shall be paid directly by the Customer, or if paid by Syncfusion, Customer will reimburse Syncfusion. If You are located in a jurisdiction which requires You to deduct or withhold taxes or other amounts from any amounts due to us, You must notify us in writing. In such a case, we reserve the right to assess the withheld amount or to increase the gross amount of the applicable payment so that, after the deduction or withholding for taxes, the net amount paid to us will not be less than the amount we would have received without the required deduction or withholding.

24. Notice: Any notice or other communication given hereunder shall be in writing. Notice shall be considered delivered and effective upon receipt when sent by U.S. Mail, postage prepaid, or certified mail, return receipt requested, addressed to the parties as set forth above, or the date transmission is completed when delivered electronically by e-mail. Either party, upon written notice to the other, may change any name or address to which future notice shall be sent.

1. General Clauses

25. Data Management and Security: Pursuant to this Agreement,
    • 25.1 Syncfusion does not provide data storage or processing;
    • 25.2 Syncfusion does not collect, store, otherwise process, or have directly disclosed to it Customer data.
    • 25.3 Other than necessary information to assign licenses or provide support, which includes names and correlating email addresses, Syncfusion will not request, nor does Syncfusion knowingly accept, any information that can or could be considered to constitute personally identifiable information (“PII”) under any law or statute. Syncfusion provides no protection, no indemnity, and no guarantees or warranty, of any kind, if You provide PII to Syncfusion. You further acknowledge and agree that if you send PII to Syncfusion, other than the information specifically requested by Syncfusion to assign licenses, then Syncfusion will treat any such disclosure as a material breach of this Agreement.
    • 25.3 When submitting support tickets to Syncfusion, only dummy data shall be submitted with any such tickets.

Customer is on notice of Syncfusion’s Privacy Policy found here: https://www.syncfusion.com/privacy, and Customer recognizes that this Privacy Policy is not part of this Agreement, and that this Agreement does not restrict Syncfusion’s right to revise its Privacy Policy.

Bold Reports Third-Party Software

• Customer acknowledges and agrees that the Licensed Program contains certain features that may contain third-party software. A list of all third-party software is provided below. Syncfusionprovides the accompanying internet links for Customer’s convenience only and makes no representation or warrantyof any kind with regard thereto. Customer acknowledges and agrees that Customer remains solely liable for any claims that arise from Customer’s incorporation of the third-party software into Customer products and that Syncfusion shall have no liability whatsoever under any circumstances.

  Customer hereby acknowledges and agrees that the Licensed Programs contain certain features that (i) are licensed from third parties and are subject to additional terms or third-party licenses or (ii) allow Customer to implement or interface with third-party products that are subject to separate agreements. Customer further acknowledges that the list of such features may change as newer versions of the Licensed Programs are released by Syncfusion. Customer is required to obtain all third-party licenses.

  All internet links are provided by Syncfusion for Customer’s convenience only, and Syncfusion makes no representation or warranty of any kind with regard thereto.

  Syncfusion shall have no liability whatsoever for, nor provide any indemnification to, Customer under any circumstances for any claims that may arise against Customer related toCustomer’s use of such third-party software.

  Bold Reports(s) may utilize third party open-source software code and technologies from Chromium. It is your obligation to understand and abide by any Chromium terms; Syncfusion shall have no liability whatsoever under any circumstances arising from third party open-source software code and technologies. The terms can be found at http://www.chromium.org SimpleMDE – Markdown Editorhttps://simplemde.com/https://github.com/sparksuite/simplemde-markdown-editor/blob/master/LICENSE

  Software	Applicable website	Applicable License
  Mapping data	http://www.naturalearthdata.com/downloads	http://www.naturalearthdata.com/about/terms-of-use/
  Web utility	https://github.com/marklagendijk/jQuery.tabbable	https://github.com/marklagendijk/jquery.tabbable/blob/master/LICENSE
  Json.NET	https://www.newtonsoft.com/json	https://github.com/JamesNK/Newtonsoft.Json/blob/master/LICENSE.md
  CSV reader	https://github.com/kentcb/KBCsv	https://github.com/kentcb/KBCsv/blob/master/LICENSE
  Apache log4net	http://logging.apache.org/log4net/	https://logging.apache.org/log4net/license.html
  Bootstrap-select Plugin	http://silviomoreto.github.io/bootstrap-select	https://github.com/silviomoreto/bootstrap-select/blob/master/LICENSE
  JCrop plugin	https://jcrop.com/	https://github.com/tapmodo/Jcrop/blob/master/MIT-LICENSE.txt
  jQuery Validation Plugin	https://jqueryvalidation.org/	https://github.com/jquery-validation/jquery-validation/blob/master/LICENSE.md
  LINQ for JavaScript	https://github.com/mihaifm/linq	https://github.com/mihaifm/linq/blob/master/LICENSE
  Microsoft Azure Storage SDK for .NET	https://docs.microsoft.com/en-us/azure/storage/	https://github.com/Azure/azure-storage-net/blob/master/LICENSE.txt
  i18n	https://github.com/turquoiseowl/i18n	https://github.com/turquoiseowl/i18n/blob/master/LICENSE.md
  Roboto Font	https://github.com/google/roboto/	https://github.com/google/roboto/blob/master/LICENSE
  Markdownsharp	https://code.google.com/archive/p/markdownsharp	http://www.opensource.org/licenses/mit-license.php
  IWC-SignalR	https://github.com/slimjack/IWC-SignalR	https://github.com/slimjack/IWC-SignalR/blob/master/LICENSE
  jQuery Easing Plugin	https://github.com/gdsmith/jquery.easing	https://github.com/gdsmith/jquery.easing/blob/master/LICENSE-BSD-3-Clause.txt
  Bootstrap CSS Framework & jQuery Plugins	http://getbootstrap.com/	https://github.com/twbs/bootstrap/blob/master/LICENSE
  Npgsql	https://www.npgsql.org	https://github.com/npgsql/npgsql/blob/main/LICENSE
  ConnectivityPlugin	https://github.com/jamesmontemagno/ConnectivityPlugin	https://github.com/jamesmontemagno/ConnectivityPlugin/blob/master/LICENSE
  ImageCirclePlugin	https://github.com/jamesmontemagno/ImageCirclePlugin	https://github.com/jamesmontemagno/ImageCirclePlugin/blob/master/LICENSE
  Akavache	https://github.com/reactiveui/Akavache	https://github.com/reactiveui/Akavache/blob/main/LICENSE
  SharePlugin	https://github.com/jguertl/SharePlugin	https://github.com/jguertl/SharePlugin/blob/master/LICENSE.md
  serilog-sinks-file	https://serilog.net/	https://github.com/serilog/serilog-sinks-file/blob/dev/LICENSE
  Messaging Plugin	https://github.com/cjlotz/Xamarin.Plugins	https://github.com/cjlotz/Xamarin.Plugins/blob/master/LICENSE.md
  RazorEngine	http://antaris.github.io/RazorEngine/	https://github.com/Antaris/RazorEngine/blob/master/LICENSE.md
  BTProgressHUD	https://github.com/nicwise/BTProgressHUD/	https://components.xamarin.com/license/btprogresshud
  JsRender	http://www.jsviews.com/	https://github.com/BorisMoore/jsrender/blob/master/MIT-LICENSE.txt
  WebMarkUpMin	https://github.com/Taritsyn/WebMarkupMin	https://github.com/Taritsyn/WebMarkupMin/tree/master/licenses
  CodeMirror	https://github.com/codemirror/CodeMirror	https://github.com/codemirror/CodeMirror/blob/master/LICENSE
  DotNetOpenAuth.OAuth2.Client	https://github.com/DotNetOpenAuth/DotNetOpenAuth	https://github.com/DotNetOpenAuth/DotNetOpenAuth/blob/develop/LICENSE.txt
  dotless	https://github.com/dotless/dotless	https://github.com/dotless/dotless/blob/master/license.txt
  AngularJS	https://github.com/angular/angular.js	https://github.com/angular/angular.js/blob/master/LICENSE
  Microsoft.aspnet.signalr	https://github.com/SignalR/SignalR	https://github.com/SignalR/SignalR/blob/dev/LICENSE.txt
  Xam.plugins.messaging	https://github.com/cjlotz/Xamarin.Plugins	https://github.com/cjlotz/Xamarin.Plugins/blob/master/LICENSE.md
  Plugin.share	https://github.com/jguertl/SharePlugin	https://github.com/jguertl/SharePlugin/blob/master/LICENSE.md
  Owin.security.openidconnect.server	https://github.com/aspnet-contrib/AspNet.Security.OpenIdConnect.Server	http://www.apache.org/licenses/LICENSE-2.0.html
  Jquery-circle-progress	https://github.com/kottenator/jquery-circle-progress	https://github.com/kottenator/jquery-circle-progress/blob/master/LICENSE
  Stripe.net	https://github.com/stripe/stripe-dotnet	https://github.com/stripe/stripe-dotnet/blob/master/LICENSE
  Microsoft.azure.management.fluent	https://www.nuget.org/packages/Microsoft.Azure.Management.Fluent/	https://raw.githubusercontent.com/Microsoft/dotnet/master/LICENSE
  MongoDB	https://github.com/mongodb/mongo-csharp-driver	https://github.com/mongodb/mongo-csharp-driver/blob/master/LICENSE.md
  MySqlConnector 1.2.1	https://www.nuget.org/packages/MySqlConnector/1.2.1	https://github.com/mysql-net/MySqlConnector/blob/master/LICENSE
  Oracle.ManagedDataAccess	https://www.nuget.org/packages/Oracle.ManagedDataAccess/	https://www.oracle.com/technetwork/licenses/distribution-license-152002.html
  Snowflake.Data	ttps://www.nuget.org/packages/Snowflake.Data/	https://github.com/snowflakedb/snowflake-connector-net/blob/master/LICENSE
  System.Data.SQLite	https://system.data.sqlite.org/index.html/doc/trunk/www/source.wiki	https://www.sqlite.org/copyright.html
  js-beautify	https://github.com/beautify-web/js-beautify	https://github.com/beautify-web/js-beautify/blob/master/LICENSE
  AWSSDK.CognitoIdentityProvider	https://github.com/aws/aws-sdk-net/	https://github.com/aws/aws-sdk-net/blob/master/License.txt
  Marked	https://github.com/markedjs/marked	https://github.com/markedjs/marked/blob/master/LICENSE.md
  InfluxData.Net	https://github.com/pootzko/InfluxData.Net	https://github.com/tihomir-kit/InfluxData.Net/blob/master/LICENSE
  i18n.core	https://github.com/fintermobilityas/i18n.core	https://github.com/fintermobilityas/i18n.core/blob/master/LICENSE
  TimeZoneConverter	https://github.com/mj1856/TimeZoneConverter	https://github.com/mj1856/TimeZoneConverter/blob/master/LICENSE.txt
  openiddict-core	https://github.com/openiddict/openiddict-core	https://github.com/openiddict/openiddict-core/blob/dev/LICENSE.md
  Microsoft SQL Server Analysis Service	https://www.nuget.org/packages/Microsoft.AnalysisServices.AdomdClient.NetCore.retail.amd64/	http://download.microsoft.com/download/E/C/8/EC87239D-30D1-4063-918D-CB0FE586643F/ADOMD_Eula.zip
  AWSSDK.Athena	https://www.nuget.org/packages/AWSSDK.Athena/	https://aws.amazon.com/apache-2-0/
  SSH.NET	https://www.nuget.org/packages/SSH.NET/2016.1.0	https://github.com/sshnet/SSH.NET/blob/master/LICENSE
  OrchardCore Localization	https://www.nuget.org/packages/OrchardCore.Localization.Core	https://github.com/OrchardCMS/OrchardCore/blob/main/LICENSE
  PuppeteerSharp	https://github.com/hardkoded/puppeteer-sharp	https://github.com/hardkoded/puppeteer-sharp/blob/master/LICENSE
  MailKit	https://github.com/jstedfast/MailKit	https://github.com/jstedfast/MailKit/blob/master/LICENSE
  StackExchange.Redis	https://www.nuget.org/packages/StackExchange.Redis/	https://licenses.nuget.org/MIT
  AspNetCore.AsyncInitialization	https://www.nuget.org/packages/AspNetCore.AsyncInitialization/	https://github.com/thomaslevesque/AspNetCore.AsyncInitialization/blob/master/LICENSE.txt
  ClickHouse.Client	https://www.nuget.org/packages/ClickHouse.Client/	https://licenses.nuget.org/MIT
  Google.Cloud.BigQuery.V2	https://www.nuget.org/packages/Google.Cloud.BigQuery.V2/	https://www.nuget.org/packages/Google.Cloud.BigQuery.V2/2.4.0/License
  QRCode	https://github.com/davidshimjs/qrcodejs	https://raw.githubusercontent.com/davidshimjs/qrcodejs/master/LICENSE