End-User License Agreement("Agreement")

Our EULA was last updated on 13 November 2022

Please read this End-User License Agreement carefully before clicking the "I Agree" button, downloading or using XLConnect.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this End-User License Agreement:

• Agreement" means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.
• Application" means the software program provided by the Company downloaded by You through our website or the Applications Store account to a Device, named XLConnect.
• Application Store" means the digital distribution service operated and developed by Xero Limited or any other Company approved third-party marketplace by which the Application has been downloaded to your Device.
• Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to XLConnect B.V. registered in the Netherlands.
• Content" refers to content such as text, calculation logic, formulas, Excel workbooks, Power BI files, spreadsheets, data preparation processes, dashboards, reports, graphs, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
• Country" refers to: Netherlands.
• Device" means any device that can access the Application or its Content such as a computer, a mobile device including a phone or a digital table or similar hardware devices that are capable of running the application.
• Third-Party Services" means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.
• You" means the either an individual person working with or on behalf of a single or multiple legal or corporate entities using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

Acknowledgment

By clicking the "I Agree" button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not download, or do not use the Application.

This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.

This Agreement is between You and the Company only and not with the Application Store. Therefore, the Company is solely responsible for the Application and its content. Although the Application Store is not a party to this Agreement, it has the right to enforce it against You as a third-party beneficiary relating to your use of the Application.

Since the Application can be accessed and used by other users via, for example, Group or volume purchasing, the use of the Application by those users is expressly subject to this Agreement.

The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.

Trial License

Scope of License

The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application and Content strictly in accordance with the terms of this Agreement.

The license is granted by downloading the Application either directly from the Company or from an approved Application Store

The Application and Content is protected by intellectual property laws and treaties and is licensed not sold to You.

You may only use the Application and Content on a Device that You own or control and as permitted by the Application Store's terms and conditions as detailed under the Data Pull Plan and Advanced Content Plan.

The license that is granted to You by the Company is solely for your commercial or business purposes strictly in accordance with the terms of this Agreement.

The license granted provides you with the right to download, use, amend, extend or adjust the Content provided. You may only use the Content provided in this manner within your Application subscription and provided you have a current valid subscription.

License Restrictions

You agree not to, and You will not permit others to:

• License, sell, rent, lease, assign, distribute, transmit, transfer, host, outsource, disclose or otherwise commercially exploit the Application and Content or make the Application and Content available to any third party regardless of whether and how the Content has been used, amended, extended or adjusted by You.
• Your liability for breach of this clause will be calculated based on the value of the Content distributed had it been legally licensed to all parties who accessed it via the public forum or any other digital channel including email as if it was accessed under a valid subscription to the Company.
• Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application.
• You may not remove any protections including but not limited to VBA or Java Script protections used by the Application to prevent, limit or control access to this content.
• The Company also reserves all rights in terms of the Application and the Content not expressly granted to You in this Agreement.

Application and Content License

Scope of License

The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application and Content strictly in accordance with the terms of this Agreement.

The license is granted by downloading the Application either directly from the Company or from an approved Application Store under a subscription as detailed on the Company website www.xlconnect.net.

You may only use the Application and Content on a Device that You own or control and as permitted by the Application Store's terms and conditions as detailed on the Company website www.xlconnect.net.

The license that is granted to You by the Company is solely for your commercial purposes strictly in accordance with the terms of this Agreement.

The license granted provides you with the right to download, use, amend, extend or adjust the Content provided. You may only use the Content provided in this manner within your Application subscription and provided you have a current valid subscription.