EULA-licence-grafana-plugin

LICENSE

End User License Agreement

This agreement constitutes a legally binding agreement between you, whether personally or on behalf of an entity (“you”/ “Customer”) and Crest Data Systems Private Limited and its Affiliates ("Company", “we”, “us”, or “our”, “Crest Data”), governs your access to and use of the Grafana Labs Marketplace Plugin as developed by Crest Data and hosted on the Grafana Labs Marketplace as well as any other media form related, linked, or otherwise connected thereto (collectively, the “Software”). Crest Data permits Customers to access and use the Software only in accordance with the terms of this agreement (“Agreement”, “EULA”).

You agree that by accessing, using, or interacting with the Software, you have read, understood, and agreed to be bound by all of these terms of EULA. If you do not agree with all of these terms of EULA, then you are expressly prohibited from using the software and you must discontinue immediately.

The Software is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Software. We recommend that you print a copy of this EULA for your records.

For Grafana Labs Marketplace’s warranty, disclaimers and limitations, kindly refer to the Marketplace Order Form signed with Grafana Labs.

Supplemental terms and conditions or documents that may be posted on the Software from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to this EULA at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of this EULA, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this EULA to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in revised EULA by your continued use of the Software after the date such revised Terms of Use are posted.

Last Updated: April 17th, 2026     

	•	License, use of Software and Restrictions

	•	Under this Agreement the Company grants a revocable, limited, personal, non-exclusive, non-sublicensable, periodic and non-transferable license to you to access and use of the listed Grafana Labs Plugin as developed by Crest Data and hosted on Grafana Labs Marketplace as well as any other media form related, linked, or otherwise connected thereto (“Software”).

	•	“Software” includes the executable computer programs, the source code and any related printed, electronic and online documentation and any other files that may accompany the product. “Software” also includes any configuration files generated by the product, including by not limited to Grafana plugin, Dashboard, Monitor JSON configurations.

	•	Customer may use the Software only in support of the internal operations of Customer’s business(es), in connection with Customer’s products and services (but, for clarity, not as a stand-alone product or service of Customer), and/or in connection with Customer's interactions with users.

	•	Restrictions.

	•	You may not access or use the Software for any purpose other than that for which we make the Software available. The Software may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us in a signed writing.

	•	Except as specifically provided in the Agreement, Customer and any other user of Software, in whole or in part, may not: (a) copy the Software, in whole or in part; (b) distribute copies of Software, in whole or in part, to any third party; (c) modify, adapt, translate, make alterations to or make derivative works based on Software or any part thereof; (d) decompile, reverse engineer, disassemble or otherwise attempt to derive source code, algorithms or the underlying structure of the Software through current or future available technologies; (e) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights to any part of the Software to third parties; (f) use the Software to act as a consultant, service bureau or application service provider; (g) permit access of any kind to the Software to any third party; or (h) exploited the Software for any commercial purpose whatsoever, without, our express prior written permission.

	•	The Software is not designed or developed for use in high-risk areas including without limitation in the operation of nuclear facilities, aircraft navigation or control systems, air traffic control, or weapons systems, or any other application in which the failure of the Software could lead to severe physical or environmental damages (“High Risk Activities”). You will not use the Software for High Risk Activities.

Customers will not use the Software to store or process Highly Sensitive Information. “Highly Sensitive Information” means, for purposes of the Agreement: (1) special categories of data enumerated in applicable Data Protection Laws, including European Union Regulation 2016/679, Article 9(1) or any successor legislation; (2) patient, medical, or other protected health information regulated by the Health Insurance Portability and Accountability Act (as amended and supplemented) (“HIPAA”); (3) credit, debit, or other payment card data, including bank account numbers; (4) social security numbers, driver’s license numbers, or other government identification numbers; (5) other information subject to additional protections or regulation under specific laws such as the Children’s Online Privacy Protection Act or Gramm-Leach-Bliley Act (or related rules or regulations). Crest Data shall have no responsibility for Highly Sensitive Information where the Software is not approved by Crest Data to be used with Highly Sensitive Information.

	•	As a User of the Software, you agree not to:
	•	Systematically retrieve data or other content from the Software to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
	•	Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user credentials;
	•	Circumvent, disable, or otherwise interfere with security-related features or the services, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Software and/or the content contained therein;
	•	Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Software;
	•	Use any information obtained from the Software in order to harass, abuse, or harm another person or entity;
	•	Make improper use of our support services or submit false reports, abuse, or misconduct;
	•	Use the Software in a manner inconsistent with any applicable laws or regulations;
	•	Engage in unauthorized framing of or linking to the Software;
	•	Store, download, upload or transmit (or attempt to upload or to transmit), infringing or illegal content, or any viruses, Trojan horses, or other materials that interfere with any party's uninterrupted use and enjoyment of the Software or modifies, impairs, disrupts, alters, or interferes with the use, features, functions operation, or maintenance of the Software;
	•	Engage in phishing, spamming, denial-of-service attacks or fraudulent or illegal activity;
	•	Perform penetration testing, vulnerability testing or other security testing on the Software, component or otherwise attempt to gain unauthorized access to the Software;
	•	Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
	•	Delete the copyright or other proprietary rights notice from Software;
	•	Attempt to impersonate another user or person or entity, or use the username of another user;
	•	Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1 x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "Spyware” or "passive collection mechanisms" or "pcms");
	•	interfere with or disrupt the integrity or performance of the Software, component or data contained therein or circumvent the security features of the Software;
	•	Interfere with, disrupt, or create an undue burden on the Software or the network or services connected to the Software;
	•	Harass, annoy, intimidate, or threaten any of our employees or agents;
	•	Use the Software in any manner not consistent with the documentation, instruction, or advice of our company, employees, or agents;
	•	Attempt to bypass any measures of the Software designed to prevent or restrict access to the Software, or any portion of the Software;
	•	Interfere with, copy, or adapt the Software, including but not limited to HTML, JavaScript, SQL, or other code;
	•	Decipher, decompile, disassemble, or reverse engineer any of the software that in any way makes up a part of the Services;
	•	Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system that accesses the Software, or use or launch any unauthorized script or other software;
	•	Use a buying agent or purchasing agent to make purchases of the Software, unless expressly authorized by us;
	•	Make any unauthorized use of the Software, including collecting usernames and/or email addresses and/or the data of users by electronic or other means for the purpose of sending unsolicited communications, or creating user accounts by automated means or under false pretenses;
	•	Use the Software as part of any effort to compete with us;
	•	Sell or otherwise transfer your account or access.

	•	Affiliates and Contractors. With respect to Affiliates and Contractors that Customer allows to use the Software: (a) Customer remains responsible for all obligations hereunder arising in connection with such Affiliate’s or Contractor’s use of the Software; and (b) Customer agrees to be directly liable for any act or omission by such Affiliate or Contractor to the same degree as if the act or omission were performed by Customer such that a breach by an Affiliate or a Contractor of the provisions of the Agreement will be deemed to be a breach by Customer. The performance of any act or omission under the Agreement by an Affiliate or a Contractor for, by or through Customer will be deemed the act or omission of Customer.

	•	If you wish to make any use of the Software other than as set out in this section or elsewhere in this EULA, please contact us at legal@crestdata.ai. If we ever grant you the permission to post, reproduce, or publicly display any part of our Software, you must identify us as the owners or licensors of the Software and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Software.

	•	The parties agree that we shall have the right to use data from any source to: (1) provide the Software, (2) improve the Software, (3) monitor usage of the Software for security and other internal business purposes, (4) enforce the terms of this agreement, and (5) perform statistical and other analysis, including to improve the Software and for marketing purposes.

	•	Failure to comply with any of the terms under the License section and Intellectual Proprietary Rights Section will be considered a material breach of this Agreement.

	•	Subscription charges

	•	This Agreement grants you a license to use the specified Grafana Labs Marketplace Plugin developed by Crest Data, in accordance with the terms outlined in this EULA. The license is provided for a subscription fee as indicated on the respective Grafana Labs Marketplace Plugin tile. This fee is non-refundable.

	•	You agree to provide current, complete, and accurate account information for all subscriptions made for use of the Software. You further agree to promptly update account and payment information, including contact information and payment method so that we can complete your transactions and contact you as needed. All payments shall be in US dollars.

	•	Subscription charges do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales and use, or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). Customer is responsible for paying all Taxes associated with its purchases hereunder.

	•	You agree to pay all charges at the prices then in effect for your subscription and any applicable shipping fees or other actual expenses, and you authorize us to charge you for any such amounts upon placing your order through Grafana Labs Marketplace. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis through Grafana Labs Marketplace without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

	•	You agree that we may change our Subscription charges at any time, unless we have mutually agreed to future pricing in writing at prior time.

	•	We reserve the right to refuse any order placed for the Software. We may, in our sole discretion, limit or cancel quantities purchased per person, per entity, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

	•	Cancellation: All purchases are non-refundable. Your cancellation will take effect pursuant to the contract or, if there is no contract, at the end of your current paid Term.

	•	Intellectual Proprietary Rights

	•	Crest Data Systems Private Limited is the exclusive owner of all intellectual property rights, title, distribution rights and interest in and to the Software, including all source code databases, functionality and other designs, audio, video, text, photographs, and graphics in the Software.



	•	Subject to the licenses granted herein, Crest Data Systems Private Limited will exclusively retain all right, title, intellectual property rights, distribution rights and interest it may have in and to the Software, including all Proprietary Rights in all source code databases, functionality, other designs, audio, video, text, photographs, and graphics therein. Intellectual property rights include the look and feel of the Software. Our Software is protected by law and various other intellectual property rights and unfair competition laws and treaties.

	•	Nothing in this EULA will be construed or interpreted as granting to Customer any rights of ownership or any other proprietary rights in or to the Software or any Proprietary Rights therein. This Agreement constitutes a license for use only in support of the internal operations of Customer’s business(es), in connection with Customer’s products and services (but, for clarity, not as a stand-alone product or service of Customer), and/or in connection with Customer’s interactions with users and is not in any way a transfer of ownership rights to the Software.

	•	Confidentiality

	•	Confidential Information. “Confidential Information” means any non-public information directly or indirectly disclosed by either Party (the “Disclosing Party”) to the other Party (the “Receiving Party”) or accessible to the Receiving Party pursuant to the Agreement that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered as confidential, including without limitation technical data, trade secrets, know-how, research, inventions, processes, designs, drawings, strategic roadmaps, product plans, product designs and architecture, security information, marketing plans, pricing and cost information, marketing and promotional activities, business plans, customer and supplier information, employee and User information, business and marketing plans, and business processes, and other technical, financial or business information, and any third party information that the Disclosing Party is required to maintain as confidential. Confidential Information will not, however, include any information which: (a) was publicly known or made generally available to the public prior to the time of disclosure; (b) becomes publicly known or made generally available after disclosure through no fault of the Receiving Party; (c) is in the possession of the Receiving Party, without restriction as to use or disclosure, at the time of disclosure by the Disclosing Party; (d) was lawfully received, without restriction as to use or disclosure, from a third party (who does not have an obligation of confidentiality or restriction on use itself); or (e) is developed by the Receiving Party independently from the Agreement and without use of or reference to the Disclosing Party’s Confidential Information or Proprietary Rights. Except for rights expressly granted in the Agreement, each Party reserves all rights in and to its Confidential Information. The Parties agree that the Software is a Confidential information of Crest Data.

	•	Obligations. The Parties will maintain as confidential and will avoid disclosure and unauthorized use of Confidential Information of the other Party using reasonable precautions. Each Party will protect such confidential information with the same degree of care that a prudent person would exercise to protect its own confidential information of a like nature, and to prevent the unauthorized, negligent, or inadvertent use, disclosure, or publication thereof or access thereto. Each Party will restrict Confidential Information to individuals who need to know such Confidential Information and who are bound to confidentiality obligations at least as protective as the restrictions described in this Section. Except as necessary for the proper use of the Software, the exercise of a Party’s rights under the Agreement, performance of a Party’s obligations under the Agreement or as otherwise permitted under the Agreement, neither Party will use Confidential Information of the other Party for any purpose except in fulfilling its obligations or exercising its rights under the Agreement. 



Each Party will promptly notify the other Party if it becomes aware of any unauthorized use or disclosure of the other Party’s confidential information, and reasonably cooperate with the other Party in attempts to limit disclosure.

	•	Compelled Disclosure. If and to the extent required by law, including regulatory requirements, discovery request, subpoena, court order or governmental action, the Receiving Party may disclose or produce Confidential Information but will give reasonable prior notice (and where prior notice is not permitted by applicable Law, notice will be given as soon as the Receiving Party is legally permitted) to the Disclosing Party to permit the Disclosing Party to intervene and to request protective orders or confidential treatment therefor or other appropriate remedy regarding such disclosure. Disclosure of any Confidential Information pursuant to any legal requirement will not be deemed to render it non-confidential, and the Receiving Party’s obligations with respect to Confidential Information of the Disclosing Party will not be changed or lessened by virtue of any such disclosure. Notwithstanding any provisions herein, if Customer is a government agency or entity, Customer will comply with all Laws applicable to it with respect to disclosure of public information.

	•	Customer Data and Customer Materials

Customer is and will continue to be the sole and exclusive owner of all Customer Materials, Customer Data and other Confidential Information of Customer, including all proprietary rights therein. Nothing in the Agreement will be construed or interpreted as granting to Crest Data any rights of ownership or any other proprietary rights in or to the Customer Data and Customer Materials.

	•	System Data

To the extent that System Data identifies or permits, alone or in conjunction with other data, identification, association, or correlation of or with Customer, Users, customers, suppliers or other persons interacting with any of the foregoing, or any Confidential Information of Customer or any device as originating through or interacting with Customer (“Identifiable System Data”), Crest Data may only collect and use Identifiable System Data internally to administer, provide and improve the Software as a generally available service offering, to identify opportunities for Customer to optimize its use of the Software, including the provision of additional training, and to identify to Customer uses of Crest Data’s other products and services. Crest Data will not target any data analysis at, or otherwise use any Identifiable System Data to derive or attempt to derive information regarding, Customer, its businesses, operations, finances, users, customers, prospective customers, suppliers or other persons interacting with Customer. Crest Data will not target any development efforts arising from its use of Identifiable System Data on any person on the basis of the intended recipient’s relationship with Customer or the intended recipient being in same industry or market as Customer. Crest Data will not use or disclose any Identifiable System Data for any other purpose unless otherwise agreed in writing by the Parties, and will, except for the use permitted in this Section, maintain the confidentiality and security of Identifiable System Data as Confidential Information.

	•	Your Submissions

	•	Customer may, at its option, provide suggestions, ideas, enhancement requests, recommendations, questions, feedback or other information regarding the Software (“Submission”), provided however, that Submission does not include any Proprietary Rights of Customer or any other person. Crest Data may use and incorporate Submission in Crest Data’s products and services without compensation or accounting to Customer, provided that neither Crest Data nor its use of the Submission identifies Customer as the source of such Submission. Submission is not confidential to the customer. Customer will have no obligation to provide Submission, and all Submissions are provided by Customer “as is” and without warranty of any kind.

	•	The information and the Submission provided when using the Software is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Software from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

	•	By sending us a Submission, you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own the Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You also:

	•	Confirm that you have read and agree with "Restrictions" as specified hereinabove for the use of Software and will not post, send, publish, upload, or transmit through the Software any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, racist, inaccurate, deceitful, or misleading;
	•	To the extent permissible by applicable law, waive any and all moral rights to any such Feedback;
	•	Warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submission and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
	•	Warrant and represent that your Submission do not constitute confidential information.

	•	User generated contributions will be deemed Submissions and subject to provisions elsewhere in this EULA.

	•	You are solely responsible for your Submission and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's Intellectual property rights, or (c) applicable law.

	•	Software Management

	•	We reserve the right, but not the obligation, to: (1) monitor the Software for violations of the terms of this EULA; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or the terms of this EULA, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, or disable your access to the Software; (4) in our sole discretion and without limitation, notice, or liability to remove the access of the Software or otherwise disable all users, flies, and content that are excessive in usage or size or are in any way burdensome to our systems or poses a material risk to the security or to the Software or data of any other customer; and (5) otherwise manage the Software in a manner designed to protect our rights and property and to facilitate the proper functioning of the Software.

	•	Crest Data may, without liability, temporarily suspend the Software to some or all of the Users (a) as necessary to prevent an attempted security breach or cyber-attack,
(b) in order to protect the Software or its customers’ systems; or (c) if required by a governmental entity or law enforcement agency. You shall receive prompt notification of such suspension, to the extent and in the manner, that Crest Data provides a notification to its other affected customers.

	•	Modifications: We reserve the right to change, modify, or remove the contents of the Software at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Software. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Software.

	•	Interruptions: We cannot guarantee that the Software will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Software, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Software at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Software during any downtime or discontinuance of the Software. Nothing in this EULA will be construed to obligate us to maintain and support the Software or to supply any corrections, updates, or releases in connection therewith.

	•	Corrections: There may be information in the Software that contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, terms, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information in the Software at any time, without prior notice.

	•	Privacy Policy

We care about data privacy and security. Please review our Privacy Policy, available at the bottom of each page of our website crestdata.ai. By using the Software, you agree to be bound by our Privacy Policy, which is incorporated into this EULA.

	•	Warranties, Representations and Disclaimer

	•	Company Warranties, Representations and disclaimer:

	•	THE SOFTWARE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SOFTWARE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SOFTWARE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SOFTWARE'S CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SOFTWARE. WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SOFTWARE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SOFTWARE AND/OR INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SOFTWARE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SOFTWARE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SOFTWARE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

	•	The Company reserves the right to delete all code, functionality, and configuration files that may have been generated by the software on the Licensee's hosts and Grafana Labs instance.

	•	Customer Warranties and Representations:

By using the Software, you represent and warrant that

	•	All registration information you submit will be true, accurate, current, and complete. You will maintain the accuracy of such information and promptly update such registration information as necessary;
	•	You have the legal capacity and you agree to comply with the terms of this EULA and you have full power and authority to enter in and comply with this EULA and acceptance of this EULA by you have been duly authorized.
	•	You are not a minor in the jurisdiction in which you reside.
	•	You will not access the Software through automated or non-human means, whether through a bot, script or otherwise.
	•	You will not use the Software for any illegal or unauthorized purpose.
	•	You represent and warrant that you will comply with all applicable international, national, state and local laws, ordinances, rules, regulations and orders, as amended from time to time (“Laws”) applicable to you in use of the Software under this Agreement and your use of the Software will not violate any applicable law or regulation;
	•	This EULA and your performance hereunder will not breach any other agreement to which you are a party or is bound or violate any obligation owed by you to any third party;
	•	You accept that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.

	•	If you provide any information that is untrue, inaccurate, not current, or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Software (or any portion thereof).

	•	Power and Authority. Each Party represents and warrants that: (a) it has full power and authority to enter in and perform the Agreement and that the execution and delivery of the Agreement has been duly authorized; and (b) the Agreement and such Party’s performance hereunder will not breach any other agreement to which the Party is a party or is bound or violate any obligation owed by such Party to any third party.

	•	Acceptance and User Support

	•	You may be required to register to use the Software. You agree to keep your password confidential and will be responsible for the use and security of your account and password.
	•	All terms, conditions and obligations of this Agreement will be deemed to be accepted by you upon acceptance of this Agreement.
	•	User support is provided as part of this agreement by emailing  grafana.plugins@crestdata.ai 
 
	•	Term and Termination

	•	This EULA shall remain in full force and effect while you use the Software till the completion of the subscription of the Software or unless terminated in accordance with this Agreement (“Term”). WITHOUT LIMITING ANY OTHER PROVISION OF THIS 


AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SOFTWARE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS EULA OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SOFTWARE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

	•	This Agreement will be terminated and the License forfeited if you have failed to comply with any of the terms of this Agreement or in breach of this Agreement. On termination of this Agreement for any reason, you will promptly destroy the Software or return the Software to Crest Data.

	•	If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

	•	You can cancel your subscription at any time by contacting Crest Data. Your cancellation will take effect at the end of the current paid term.

	•	Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective directors, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including actual attorneys, public relations, investigators, and consultants fees and expenses, made by any third party due to or arising out of (1) use of the Software, (2) breach of any of the conditions of this Agreement, (3) any breach of your representations and warranties set forth in this Agreement, (4) your violation of the rights of a third party, including but not limited to intellectual property rights, or (5) any overt harmful act made via the Software. If you are a vendor or supplier asserting a claim against us arising from or related to an automatic contract renewal clause, you agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective directors, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including actual attorneys, public relations, investigators, consultants and other fees and expense, whether caused by yourself or any other party, if it arose from or was related to your contracts or conduct. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.

	•	Limitation of Liability

In no event will we or our directors, officers, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive  damages, including but not limited to loss of profit, loss of business, lost revenue, loss of data, business interruption, personal injury, loss of privacy arising out of or any other damages arising from your use of or inability to use of the Software, even if we have been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to nothing. Furthermore, you agree that our liability to any vendor or supplier asserting any claim arising from or related to an automatic contract clause provision will at all times be limited to the amount of nothing.

	•	Electronic Communications, Transactions, and Signatures

Using or visiting the Software, sending us emails and Slack DMs, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO
THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SOFTWARE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

	•	Force Majeure

Except for payment obligations, neither party hereto will be liable for defaults or delays due to acts of God, or the public enemy, acts or demands of any government or governmental agency, fires, earthquakes, floods, accidents, or other unforeseeable causes beyond its control and not due to its fault or negligence.

	•	Additional Terms

	•	You agree to not copy or clone or manipulate any of the files generated by this software for use.
	•	You agree to contact the Crest Data team, by email, phone, or website, in order to purchase licensing to use this Software, or by agreeing to pay for the Software using the existing Grafana Labs billing agreement.
	•	Failing to comply with any of the above clauses will result in Crest Data, seeking damages against the end user, and the company they are associated with. This includes, but is not limited to, any corporation, enterprise, LLC, incorporated company, or any other form of company to which this Software has been used in any capacity.
	•	This Agreement can only be modified in writing signed by both the Company and you.
	•	Relationship of Parties. The relationship of the Parties will be that of independent contractors, and nothing contained in this EULA will create or imply an agency relationship between Customer and Crest Data, nor will this EULA be deemed to constitute a joint venture or partnership or the relationship of employer and employee between Customer and Crest Data. Each Party assumes sole and full responsibility for its acts and the acts of its Personnel. Neither Party will have the authority to make commitments or enter into contracts on behalf of, bind, or otherwise oblige the other Party.
	•	Headings: Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neutral gender include the masculine gender and the feminine gender and vice versa.
	•	Severability: If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.



	•	Entire Agreement: This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
	•	This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Company’s successors and assigns.
	•	Governing Law: This Agreement shall be governed by and construed under the laws of the State of New York, U.S.A., without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving New York. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. End User will always comply with all international and domestic laws, ordinances, regulations, and statutes that are applicable to its purchase and use of the Software, Documentation, Support and Maintenance.

	•	Dispute Resolution

	•	Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy, or claim related to this EULA (each a "Dispute'' and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

	•	Binding Arbitration

	•	If the Parties are unable to resolve a Dispute through informal negotiations the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN
COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the commercial Arbitration Rules or the American Arbitration Association ("AAA"), which are available at the American Arbitration Association (AAA) website. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, and provide a statement of reasons for the decision. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law the arbitration will take place in California except as otherwise provided herein. The Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
	•	If for any reason, a Dispute proceeds to court rather than arbitration, the dispute shall be commenced or prosecuted in the state and federal courts located in New York, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application 
 of the United Nations convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from this EULA.
	•	In no event shall any Dispute brought by either Party related in any way to the Software be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this 


provision found to be illegal or unenforceable and such Dispute shall be decided by a court or competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

	•	Restrictions: The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (a) no arbitration shall be joined with any other proceeding. (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures, and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

	•	Exceptions to Informal Negotiations and Arbitration: The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

	•	Subcontracting: Crest Data may use Subcontractors in its performance under the Agreement, provided that: (a) Crest Data remains responsible for all its duties and obligations hereunder and the use of any Subcontractor will not relieve or reduce any
liability of Crest Data or cause any loss of warranty under the Agreement; and (b) Crest Data agrees to be directly liable for any act or omission by such Subcontractor to the same degree as if the act or omission were performed by Crest Data such that a breach by a Subcontractor of the provisions of the Agreement will be deemed to be a breach by Crest Data. The performance of any act or omission under the Agreement by a Subcontractor for, by or through Crest Data will be deemed the act or omission of Crest Data. Upon request, Crest Data will identify to Customer any Subcontractors performing under the Agreement, including any that have access to Customer Data, and such other information reasonably requested by Customer about such subcontracting.

	•	Sections III (Intellectual Proprietary Rights), IV (Confidentiality), V (Customer Data and Customer Materials), VIII (Your Submissions), XI (Warranties and Representations), XIV (Indemnification), XV (Limitations of Liability), XVIII (Additional Terms) and XIX (Definitions), together with all other provisions of this EULA that may reasonably be interpreted or construed as surviving expiration or termination, will survive the expiration or termination of this EULA for any reason; but the nonuse and non disclosure obligations of Confidentiality Section will expire five years following the expiration or termination of the Agreement, except with respect to, and for as long as, any Confidential Information constitutes a trade secret.
 
	•	Notices

	•	Notices to Crest Data under this Agreement must be sent to legal@crestdata.ai    Mailing Address:
Crest Data Systems Private Limited
CDS House, Nr. Sarkhej-Sanand Circle, SG Road, Makarba, Ahmedabad,  Gujarat, India, 382210 Ph: +91 (79) 4004-4200


	•	A notice will be deemed to have been given three business days after mailing, if delivered by registered mail, or two business days after sending, if sent by email.

	•	Definitions

	•	“Affiliate” means, with respect to a Party, any entity that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with such Party. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

	•	“Grafana Labs Marketplace” means the marketplace operated by Grafana Labs, Inc. located at https://grafana.com/grafana/plugins/  as it may be updated from time to time.

	•	“Customer Data” means all data, records, files, information or content, including text, sound, video, images and software, that is (a) input or uploaded by Customer or its Users to or collected, received, transmitted, processed, or stored by Customer or its Users using the Software in connection with the Agreement, or (b) derived from (a). Customer Data is confidential Information of Customer.

	•	“Customer Materials” means any property, items or materials, including Customer Data, furnished by Customer to Crest Data for Crest Data’s use in the performance of its obligations under the Agreement.

	•	“Contractor” means any third party contractor of Customer or other third party performing services for Customer, including outsourcing suppliers.

	•	“Data Protection Law” means all data protection and privacy laws applicable to the processing of Personal Data under the Agreement, including Regulation 2016/679 (General Data Protection Regulation) (“GDPR”), and Cal. Civ. Code 1798.100 et seq. (California Consumer Privacy Act) (“CCPA”).

	•	“Documentation” means and may include the user guides, manuals, instructions, specifications, notes, documentation, printed updates, “read-me” files, release notes and other materials related to the Software, its use, operation or maintenance, together with all enhancements, modifications, derivative works, and amendments to those documents, that Crest Data publishes or provides under the Agreement.

	•	“Personal Data” means information the Customer Data that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a data subject. “Personal Data” includes equivalent terms in other Data Protection Law, such as the CCPA-defined term “Personal Information,” as context requires, to the extent such information forms part of the Customer Data.

	•	“Personnel” means a Party or its Affiliate’s directors, officers, employees, non-employee workers, agents, auditors, consultants, contractors, subcontractors and any other person performing services on behalf of such Party (but excludes the other Party and any of the foregoing of the other Party).

	•	“Proprietary Rights”/ “Intellectual Proprietary Rights” means all intellectual property and proprietary rights throughout the world, whether now known or hereinafter discovered or invented, including, without limitation, all: (a) patents and patent applications; (b) copyrights and mask work rights; (c) trade secrets; (d) trademarks;
(e) rights in data and databases; and (f) analogous rights throughout the world.

	•	“Subcontractor” means any third party subcontractor or other third party to whom Crest Data delegates any of its duties and obligations under the Agreement.


	•	“Subscription” means a Software subscription for a specific use capacity purchased by Customer and fulfilled by Crest Data for the licensing and provision of Software for a limited period in accordance with this Agreement.

	•	“System Data” means data and data elements (other than Customer Data) collected by  the  Software  regarding configuration, environment, usage, performance, vulnerabilities and security of the Software that may be used to generate logs, statistics and reports regarding performance, availability, integrity and security of the Software.

	•	“User” means Customer and any person or software program or computer systems authorized by Customer to access and use the Software as permitted under the Agreement, including Contractors of Customer.

	•	References

Grafana Labs Marketplace Order Form