Introduction
This End-User License Agreement (Agreement) is between the business or individual accepting this Agreement
(this business or individual being you) and Djar-EY (referred to as "we”, “our”, or “us”). This Agreement is
solely between you and us, and governs your use of our software application (the “Dashboard”) and the
corresponding services it provides. Kindly review this Agreement. You agree to be bound by the terms of this
Agreement when you click "Accept and Submit" or otherwise download, install, copy, or use the Dashboard, and must
accept this Agreement before doing so. If you do not agree to the terms of this Agreement, you must not
download, install, copy or use the Dashboard. The Services will be subject to the terms and conditions
below.
Scope of work and nature of services
The proposed Services are categorised into two phases:
(A) Phase A: Trial Period
For a defined period of time (specified in weeks) to be agreed with us, you will be provided an account to gain Dashboard access. The Dashboard allows its users to look at aggregated data for the period 2017 to date and filter down to analyse data by region, location, typology, size, bedrooms, and other metrics (e.g. Eur/sqm; average prices). The Dashboard and its visualisations will be delivered using Microsoft Power BI software, and will be hosted on EY’s Power BI Service cloud-based environment. The Dashboard will present aggregated information which can also be filtered down into desegregated form, and will include information such as:
(B) Subscription basis (optional)
Following the trial period, and following receipt and discussion of any feedback you might wish to share with us, the Dashboard can be modified and upgraded further to meet your needs, and the parties can agree to an ongoing subscription basis to this updated Dashboard.
Timetable
This Agreement commences when you accept and submit the dashboard trial form (by clicking on “Accept and Submit” from the Djar website.
Fees
For the purposes of this engagement, we are proposing the following fee structure:
Phase A
Trial Period: given this is a trial period, no charges will be applicable.
Phase B (optional)
Following the expiration of the trial period, we will be able to provide a fee quote if the user wishes to continue having access to the Dashboard.
General terms and conditions
Tools
In performing these services, we are making the Dashboard available to you. We may also make use of certain technologies, techniques, hardware, software, spreadsheets, models, templates, digital platforms and tools, which are developed by and proprietary to or licensed by us, to facilitate our delivery of the services. Subject to the terms and conditions of this Agreement (and to any applicable additional terms and conditions, which may include third party license agreements), as part of our services we may allow you to have access to the Dashboard and its contents. To the extent we do so, any such access to and use of the Dashboard is subject in all respect to the terms and conditions set forth in this Agreement. Any breach of the provisions of this agreement may result, in our sole discretion and without limitation, in the suspension or termination of your access to the Dashboard.
Intellectual Property Rights
The Dashboard is confidential and proprietary to or licensed by us All intellectual property rights in the
Dashboard, and in any modifications to it created by us under this Agreement, belong to us. You shall have
no right to (and shall not), and you shall not permit any third parties to, sub-license, copy, adapt,
reverse engineer, decompile, disassemble or modify any software or information used in the Dashboard in whole or in part,
or in any way derive any source code from, or create any derivative work of, the Dashboard.
No Warranties
The Dashboard is provided “AS IS,” and we make no warranties, express or implied and whether by statue or otherwise, with respect to the Dashboard. You acknowledge that you shall be solely responsible for your use of the Dashboard. No responsibility or liability is or will be accepted by us in connection with your use of the Dashboard, including but not limited to the adequacy, accuracy, or completeness of the Dashboard or the output of the Dashboard or any conclusions or decisions that you reach through your use of the Dashboard.
Use of the Dashboard
You may use the Dashboard only in connection with our services under this Agreement and you represent and
warrant for yourself and on behalf of your authorized users that you will not use the Dashboard (a) in any
way that breaches any applicable law or regulation; (b) in any way that is fraudulent or has any fraudulent
purpose; (c) to knowingly transmit any data, send or upload any material that contains viruses, Trojan
horses, worms, time bombs, spyware, adware or any other harmful programs or similar computer code designed
to adversely affect the operation of any computer software or hardware.
Data Content
To the extent that as part of the provision of our services we use publicly available information or other third party sources, we will not verify the accuracy, reliability or completeness of such information or sources. Data residing in or accessed through the Dashboard may be hosted on servers in the United States or the European Union. If we are required to enter into contracts which prevent the transfer of data to either of these locations or which otherwise limit our ability to share information, we may not be able to allow access to such data or otherwise share information with you via the Dashboard.