Tesselate Usage Agreement (Microsoft Azure Marketplace) Please review the following Tesselate usage agreement ("Usage Agreement") carefully before using this website ("Site"). By accepting these terms, you form a binding legal agreement between yourself and Tesselate. If you disagree with any part of this Usage Agreement, do not accept the terms, create an account, or use Tesselate services. These Tesselate usage terms outline the conditions for using the Services and are effective from the date you accept or agree to this Agreement (“Effective Date”). This Agreement is between Tesselate and you, or the organization on whose behalf you accept this Agreement (“you", "your", "yours", or "Customer”). 1. Liability Disclaimer By accessing this site, you acknowledge and agree that: • The content may not be accurate or complete; • The content may not be current or up-to-date; • We are not obligated to update any content; • The content may contain technical inaccuracies or typographical errors; • The content may be altered by third parties; and • Access to this site may not be uninterrupted, error-free, or free from viruses or other harmful components. We accept no liability for these issues. Therefore, you use this site at your own risk. Under no circumstances, including negligence, shall we be liable for any direct, indirect, special, incidental, or consequential damages, including loss of data or profit, arising from the use or inability to use the content of this site, even if we have been advised of the possibility of such damages. 2. Warranty Disclaimer This site, including all content, software, and functions made available on or accessed through it, is provided "as is" and "as available." To the fullest extent permitted by law, we make no representations or warranties of any kind regarding the content, software, or functions available on or accessed through this site. This includes any products, services, or third-party links, as well as any security breaches associated with the transmission of sensitive information through this site or any linked site. We explicitly deny any explicit or implicit warranties, including but not limited to non-infringement, quiet enjoyment, accuracy of information, merchantability, or suitability for a particular purpose. This denial encompasses any loss of data or profit resulting from the use or inability to use the content on this site, even if we have been informed of the potential for such damages. We do not guarantee that any content, software, or functions made available on or accessed through this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available is free from viruses or other harmful components. We will not be liable for any direct, indirect, punitive, or special damages related to your use of this site. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so in such jurisdictions, our liability is limited to the greatest extent permitted by law. 3. Services: The Products are made available to Customer only for internal business use and not for resale, unless Customer is a legal and authorized reseller of Tesselate Products pursuant to a contract executed by both parties stating Customer is an authorized reseller. Provision of the Services. • Tesselate will: a. Provide services as per the agreement, documentation, and any order forms. b. Ensure services comply with relevant laws. c. Utilize trained personnel if necessary. d. Make reasonable efforts to provide support as per the Support Terms Customer Responsibilities. • You will: a. Solely manage Service and Documentation use under your account. b. Not transfer or resell Services, unless it is agreed differently in a written Agreement. c. Use Services in accordance with the Agreement, Policy, and laws. d. Be responsible for End Users' compliance. e. Prevent unauthorized access and notify promptly. f. Cooperate with information requests. 4. Payment Obligations. Customer shall pay the total purchase as specified in the invoice. Customer acknowledges that the reoccurring amount billed each period may vary for reasons that include differing amounts due to promotional offers, differing amounts due to changes in Customer’s account, or changes in the amount of applicable sales tax. Customer authorizes Tesselate to bill for such varying amounts. All reoccurring fees and charges are non-cancellable and non-refundable, and no credits will be given for partially used periods. The Fees are due and payable 30 days after invoice date. 5. Intellectual Property Rights Tesselate retains all rights, title, and interest in and to their respective pre-existing intellectual property, including but not limited to trademarks, copyrights, patents, trade secrets, and other proprietary rights. Any intellectual property developed independently by a party during the term of this agreement shall remain the sole property of that party. Our trademarks, service marks, trade names, and logos displayed on this Site are protected intellec-tual property. You are not granted any license or right to use any trademark without our explicit written permission. We are vigilant in protecting our intellectual property rights. The use of the name "Tesselate" or any of our logos, company names, trademarks, service marks, or product names in any form, including in advertising or publicity related to the distribution of materials on this Site, is strictly prohibited without prior written consent. Additionally, you may not employ any metatags or other "hidden text" that includes Tesselate’s name or trademarks without our express written consent. Using our logo as a hyperlink to this Site is not permitted unless you have obtained our written permission in advance. 6. Customer Data You authorize Tesselate and its affiliates to process Customer Data as required to deliver the Services in accordance with this Agreement. You are accountable for the quality and integrity of the Customer Data. 7. User Responsibilities Users must refrain from using this Site for any unlawful activities or in ways that infringe upon the rights of others. The use of robots, spiders, scrapers, automated scripts, or any other automated methods to access this Site, its content, or its services is strictly prohibited. Additionally, you must not engage in any actions that could render this Site inaccessible, such as denial-of-service attacks, or use this Site in a manner that could potentially harm, disable, or compromise its functionality. 8. Enforcement and Remedies You agree that any unauthorized use of this Site or its contents or any breach of these Usage Terms may cause Tesselate immediate and irreparable harm for which money damages may not constitute an adequate remedy. You agree that we may, with or without cause, immediately terminate your access to this Site without prior notice. Injunctive relief, in addition to any other remedies available, may be warranted to enforce these Usage Terms. Unauthorized use of this Site may expose you to civil and criminal liability, and we may report violations to and cooperate fully with appropriate law enforcement authorities. 9. Non-Confidential Submissions Any material, data, information, or ideas that you transmit or post to this Site will be considered non-confidential and non-proprietary. Tesselate may reproduce, publish, or use this information for any purpose, including research, development, manufacture, use, or sale of products that incorporate such information. You are fully responsible for the content of any information you send to Tesselate, ensuring its truthfulness, accuracy, and that it does not infringe on any proprietary rights of others. Personal data provided to us will be managed in accordance with our Privacy Policy. 10. Compliance with Local Laws We do not guarantee that the content or materials on this Site are suitable or accessible for use in your jurisdiction. Accessing this Site from jurisdictions where such access is unlawful is strictly prohibited. Should you opt to access this Site, you do so voluntarily and assume responsibility for adhering to relevant local laws. We disclaim any liability for any legal infractions resulting from your use of this Site. Additionally, you may not utilize or export materials from this Site in contravention of export laws and regulations. 11. Revisions to Usage Terms Changes to these Usage Terms may occur, and we will update this posting accordingly. Your continued use of this Site signifies your acceptance of any revisions made to these terms. We advise you to check this page regularly to stay informed about the current terms and conditions that apply to you. Please note that certain sections of these Usage Terms may be replaced by other legal notices or terms found on specific pages of this Site.