@tableau/embedding-api

# **SALESFORCE, INC.**

# **BINARY CODE LICENSE AGREEMENT FOR TABLEAU EMBEDDING API**

**READ THIS AGREEMENT CAREFULLY.**

BY INSTALLING OR USING ALL OR ANY PORTION OF THE SOFTWARE OR OTHERWISE INDICATING YOUR ASSENT, YOU ARE ACCEPTING ALL OF THE TERMS AND
CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN AGREEMENT SIGNED BY YOU.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT USE THE SOFTWARE.

IF YOU WISH TO USE THE SOFTWARE AS AN EMPLOYEE, CONTRACTOR OR AGENT OF A CORPORATION, PARTNERSHIP OR SIMILAR ENTITY, THEN YOU MUST BE
AUTHORIZED TO SIGN FOR AND BIND THE ENTITY IN ORDER TO ACCEPT THE TERMS OF THIS AGREEMENT. THE LICENSE GRANTED UNDER THIS AGREEMENT IS
EXPRESSLY CONDITIONED UPON ACCEPTANCE BY SUCH AUTHORIZED PERSONNEL.

This Binary Code License Agreement (" **Agreement**") is between Salesforce, Inc., located at 415 Mission Street, 3rd Floor, San Francisco,
California, 94105 (" **Salesforce**") and the licensee (individual or entity) that has downloaded or otherwise procured the licensed
Software (as defined below) for use (" **you**" or " **Licensee**"). " **Software**" means the binary code version of the software which
accompanies this license and any related supporting technical documentation provided therewith.

1.  **License.**
    1. Grant of License. Subject to all of the terms and conditions of this Agreement, Salesforce grants Licensee a non-transferable,
       non-sublicensable, non-exclusive license to use the Software for Licensee's internal purposes and for distribution with Licensee's
       App. For the purposes of this Agreement, "Licensee's App" is an application that Licensee has created to work alongside Salesforce
       and does not include any Software.
    1. Restrictions. As a condition of this license, Licensee will not (a) decompile, disassemble, or otherwise reverse engineer the
       Software or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces
       of the Software by any means whatsoever (except and only to the extent that applicable law prohibits or restricts reverse engineering
       restrictions and then upon notice to Salesforce); (b) sell, sublicense, rent, lease or use the Software (or any portion thereof) for
       time sharing, hosting, service provider or like purposes; (c) distribute Licensee's App with Software when Software provides the main
       functionality of the distribution; (d) remove any product identification, proprietary, copyright or other notices contained in the
       Software; (e) modify any part of the Software, create a derivative work of any part of the Software, or incorporate the Software into
       or with other software, except to the extent expressly authorized in writing by Salesforce or (e) publicly disseminate performance
       information or analysis (including, without limitation, benchmarks) from any source relating to the Software.
    1. Open Source Code. The Software may contain or be provided with components subject to the terms and conditions of third-party "open
       source" software licenses (" **Open Source Software**"). To the extent required by any license that accompanies any Open Source
       Software, the terms of such license will apply in lieu of the terms of this Agreement with respect to such Open Source Software,
       including, without limitation, any provisions governing access to source code, modification or reverse engineering.
1.  **Ownership.** Notwithstanding anything to the contrary contained herein, except for the limited license rights expressly provided
    herein, Salesforce and its suppliers have and will retain all right, title and interest (including, without limitation, all patent,
    copyright, trademark, trade secret and other intellectual property rights) in and to the Software and all copies, modifications and
    derivative works thereof (including any changes that incorporate any of Licensee's Feedback). Licensee acknowledges that it is obtaining
    only a limited license right to the Software and that irrespective of any use of the words "purchase", "sale" or like terms hereunder,
    no ownership rights are being conveyed to Licensee under this Agreement or otherwise. If Licensee elects to provide any suggestions,
    comments, improvements, ideas or other feedback to Salesforce related to the Software (collectively, " **Feedback**"), Licensee agrees
    that Salesforce will be free to use, disclose, reproduce, license or otherwise distribute and exploit the Feedback provided to it as
    Salesforce sees fit, entirely without obligation or restriction of any kind. All rights not granted by Salesforce are reserved. Licensee
    retains all rights to Licensee's App.
1.  **Term of Agreement.**

    1. Term. This Agreement is effective until terminated (the " **Term**"). Either party may terminate this Agreement if the other party:
       (a) fails to cure any material breach of this Agreement within thirty (30) days after written notice of such breach; (b) ceases
       operation without a successor or (c) seeks protection under any bankruptcy, receivership, trust deed, creditors arrangement,
       composition or comparable proceeding, or if any such proceeding is instituted against such party (and not dismissed within sixty (60)
       days). Termination is not an exclusive remedy and the exercise by either party of any remedy under this Agreement will be without
       prejudice to any other remedies it may have under this Agreement, by law or otherwise.

    2. Termination. Upon any expiration or termination of this Agreement, Licensee shall cease all use of and destroy all copies of the
       Software in its possession and, if requested, so certify to Salesforce in writing.

    3. Survival. Sections 1.2 (Restrictions), 2 (Ownership), 3 (Term of Agreement), 4 (Disclaimer of Warranties), 5 (No Support or
       Maintenance), 6 (Limitation of Remedies and Damages), 7 (Export Compliance) and 8 (General) shall survive any termination or
       expiration of this Agreement.

1.  **Disclaimer of Warranties.** THE SOFTWARE IS PROVIDED "AS IS". NEITHER SALESFORCE NOR ITS SUPPLIERS MAKES ANY WARRANTIES, CONDITIONS OR
    UNDERTAKINGS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR
    A PARTICULAR PURPOSE OR NONINFRINGEMENT. LICENSEE MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED
    WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.
1.  **No Support or Maintenance.** Salesforce has no obligation to, and will not, provide support, updates, bug fixes, maintenance releases
    or new versions of the Software under this Agreement.
1.  **Limitation of Remedies and Damages.**

    1. Consequential Damages Waiver. SALESFORCE (AND ITS SUPPLIERS) SHALL HAVE NO LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR
       ANY LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL,
       INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

    2. Liability Cap. SALESFORCE AND ITS SUPPLIERS' ENTIRE LIABILITY TO LICENSEE ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT
       EXCEED $1.

    3. Nature of Claims and Failure of Essential Purpose. The parties agree that the waivers and limitations specified in this Section 6
       apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will
       survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

1.  **Export Compliance.** Licensee acknowledges that the Software may be subject to export restrictions by the United States government and
    import restrictions by certain foreign governments. Licensee shall not, and shall not allow any third party to, remove or export from
    the United States or allow the export or re-export of any part of the Software or any direct product thereof in violation of any export
    or import restrictions, laws or regulations of any United States or foreign agency or authority.
1.  **General.**

    1. Assignment. This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. Licensee may not
       assign this Agreement without the prior written consent of Salesforce and any attempt to do so will be void. Salesforce may assign
       this Agreement upon written notice to Licensee. All rights, benefits and protections granted to Salesforce pursuant to this Agreement
       extend to its affiliates.

    2. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or
       invalid, that provision shall be limited to the minimum extent necessary so that this Agreement shall otherwise remain in effect.

    3. Governing Law; Jurisdiction and Venue. This Agreement is governed by the laws of the State of California and the United States,
       without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale
       of Goods. The exclusive jurisdiction and venue for actions related to the subject matter hereof is California and United States
       federal courts located in San Francisco, and both parties hereby submit to the personal jurisdiction of such courts.

    4. Attorneys' Fees and Costs. The prevailing party in any action to enforce this Agreement will be entitled to recover its attorneys'
       fees and costs in connection with such action.

    5. Notices and Reports. Any notice or report hereunder shall be in writing. If to Salesforce, such notice or report shall be sent to
       Salesforce at the address above to the attention of "Legal Department". If to Licensee, such notice or report shall be sent to the
       address provided by Licensee or as otherwise discoverable by Salesforce. Notices and reports shall be deemed given: (i) upon receipt
       if by personal delivery; (ii) upon receipt if sent by certified or registered U.S. mail (return receipt requested) or (iii) one day
       after it is sent if by next day delivery by a major commercial delivery service.

    6. Amendments; Waivers. No supplement, modification or amendment of this Agreement shall be binding, unless executed in writing by a
       duly authorized representative of each party to this Agreement. No waiver will be implied from conduct or failure to enforce or
       exercise rights under this Agreement, nor will any waiver be effective unless in a writing signed by a duly authorized representative
       on behalf of the party claimed to have waived.

    7. Entire Agreement. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes
       and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement. No
       provision of any purchase order or in any other business form employed by Licensee will supersede the terms and conditions of this
       Agreement, and any such document issued by a party hereto relating to this Agreement shall be for administrative purposes only and
       shall have no legal effect.

    8. Independent Contractors. The parties to this Agreement are independent contractors. There is no relationship of partnership, joint
       venture, employment, franchise or agency created hereby between the parties. Neither party will have the power to bind the other or
       incur obligations on the other party's behalf without the other party's prior written consent.

    9. Government End-Users. The Software is commercial computer software. If the user or licensee of the Software is an agency, department
       or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure or transfer of
       the Software, or any related documentation of any kind, including technical data and manuals, is restricted by a license agreement or
       by the terms of this Agreement in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal
       Acquisition Regulation Supplement 227.7202 for military purposes. The Software was developed fully at private expense. All other use
       is prohibited.