QLIK SENSE® DESKTOP LICENSE AGREEMENT

IMPORTANT: DO NOT DOWNLOAD OR USE THIS 2.2. License Restrictions. Except as otherwise
SOFTWARE UNTIL YOU (“USER”) HAVE READ AND expressly permitted in this DELA, User will not, directly
AGREED TO THE TERMS OF THIS AGREEMENT. BY or through other users: (i) copy, distribute, sell,
CLICKING ON THE “I ACCEPT” BUTTON, transfer, market, sublicense, dispose of or rent the
DOWNLOADING, INSTALLING OR USING THE Software; (ii) reverse assemble, reverse compile,
SOFTWARE, THE USER ACKNOWLEDGES AND AGREES decompile, disassemble or reverse engineer (except to
THAT ALL USE IS SUBJECT TO THE TERMS AND the extent any such restriction is expressly prohibited
CONDITIONS OF THIS QLIK SENSE DESKTOP LICENSE by applicable law) or attempt to derive the source
AGREEMENT (“DELA”) AS MAY BE UPDATED FROM code for any of the Software; (iii) modify, adapt,
TIME TO TIME AND PUBLISHED AT WWW.QLIK.COM. create derivative works, translate, or port any of the
ANY SUCH USE WILL CONSTITUTE ACCEPTANCE AND Software or combine or merge any part of the
RESULT IN A BINDING AND LEGALLY ENFORCEABLE Software with or into any other software or
AGREEMENT. IF THE USER IS ACCEPTING THESE TERMS documentation; (iv) commercially exploit any of the
ON BEHALF OF ANY CORPORATION, PARTNERSHIP OR Software, including without limitation using, offering,
OTHER ENTITY, THE USER REPRESENTS AND or sublicensing the Software as a revenue-generating
WARRANTS THAT THE USER IS AUTHORIZED TO (or value enhancing) product or service to any third
LEGALLY BIND SUCH ENTITY TO THIS AGREEMENT. party, for third party training, or to provide hosting,
DIRECT COMPETITORS OF QLIK AND THEIR EMPLOYEES service bureau, commercial time-sharing, rental, or
AND AGENTS MAY NOT ACCESS THE SOFTWARE software as a service (SaaS) services to third parties; (v)
WITHOUT PRIOR WRITTEN CONSENT OF QLIK. THE permit the use of the Software or Documentation by
SOFTWARE MAY NOT BE USED FOR PURPOSES OF third parties or use the Software on any online
BENCHMARKING, COLLECTING AND PUBLISHING collaboration platform which is not sponsored by Qlik;
SOFTWARE PERFORMANCE DATA OR ANALYSIS, OR (vi) reproduce the Software without Qlik’s copyright
ANY OTHER COMPETITIVE PURPOSES. and trademark notices, (vii) use the Software for
purposes of benchmarking, collecting and publishing
NOTICE: THE SOFTWARE CONTAINS FUNCTIONALITY performance data, or developing a product which is
INTENDED TO LIMIT THE DURATION OF ITS USE AND competitive with any Qlik product or services. Without
INTENDED TO COLLECT CERTAIN USAGE METRICS. THE limiting any of the foregoing, if a serial number,
INSTALLATION OF THIS SOFTWARE WILL INSTALL FILES password, license key or other security device is
NECESSARY TO OPERATE THE SOFTWARE ONTO THE provided to the User for use with the Software, the
USER’S COMPUTER AND OTHER SYSTEM FILES MAY BE User may not share or transfer such security device
INSTALLED OR UPDATED. AS WITH ALL INSTALLATIONS, with or to any other user of the Software or any other
BACK UP OF THE USER’S HARD DRIVE IS third party. Any other use of the Software by any third
RECOMMENDED BEFORE INSTALLING THE SOFTWARE. party, except as provided in this DELA, is strictly
forbidden and is a breach of this DELA.
1. INTRODUCTION
2.3. Data Security. If the Software is accessible
THIS DELA IS BETWEEN THE USER AND QLIKTECH through the internet or other networked environment,
INTERNATIONAL AB (“QLIK”) AND GOVERNS THE USE User shall maintain adequate technical and procedural
OF THE QLIK SENSE® DESKTOP SOFTWARE AND THEN- access controls and system security requirements and
CURRENT USER DOCUMENTATION PUBLISHED BY QLIK devices, in connection with the Software, necessary for
AND MADE AVAILABLE WITH THE SOFTWARE confidentiality, authorization, authentication and virus
(COLLECTIVELY REFERRED TO AS “SOFTWARE”). detection and eradication.

2. GRANT OF LICENSE 2.4. Retention of Rights. Qlik and its Affiliates, or

their respective suppliers or licensors where
2.1. License Grant. Subject to the terms and applicable, own and retain all right, title and interest in
conditions of this DELA, Qlik grants to the User a and to the Software, and all of Qlik’s and its Affiliates’,
limited, non-exclusive, non-sublicensable and non- or their respective suppliers’ or licensors’, patents,
transferable license to install and use, solely for the trademarks (registered or unregistered), trade names,
User’s personal or internal business use, the most copyrights, trade secrets and Qlik Confidential
current version of the Software. Information. User does not acquire any right, title or

DELA 031017


interest in or to the Software, except as expressly set or remove the restrictions is not permitted and will
forth herein, and all such rights are hereby reserved. result in the immediate termination of this Agreement.
User will not register, nor attempt to register, any
patent or copyright which, in whole or in part, 3. MAINTENANCE
incorporates any of Qlik’s technology or its intellectual
property rights. In the event that User makes Qlik shall not be obligated to provide maintenance and
suggestions, improvements or modifications to Qlik support services for the Software, but may elect to
regarding new features, functionality or performance provide Software updates to the User at its sole
that Qlik adopts for the Software or any of its other discretion. The User may find the user-to-user
products or services, such new features, functionality support forums or the information at
or performance shall be deemed to be automatically https://community.qlik.com helpful in addressing any
assigned under this DELA to, and shall become the sole issues. Notwithstanding, if the Software is activated
and exclusive property of, Qlik. and used in connection with a paid Qlik Sense Token,
Qlik will provide maintenance and support services for
2.5. Copyright Statement. The Software and the most current version of the Software in accordance
Documentation contain material that is protected by with its Maintenance Policy available at
copyright laws and international treaty provisions. The www.qlik.com/license-terms.
User shall maintain at all times all copyright notices
provided on the Software, Documentation and 4. DISCLAIMERS
associated packaging and any copies thereof. The User
shall ensure that any permitted copy of the Software is To the maximum extent permitted by law, Qlik does
produced only for the User’s own benefit, that it is not represent, warrant or make any commitment that:
clearly marked on the copy that such copy is subject to (i) the Software will meet User’s requirements; (ii) the
copyright and confidentiality, and that a written list is Software will operate in combination with other
maintained of the number of copies and place of hardware or software; or (iii) operation of the
storage. Copies of the Software constitute Qlik’s Software, will be uninterrupted or error free. TO THE
property. All the terms and conditions of this DELA MAXIMUM EXTENT PERMITTED BY LAW, THE
shall also apply to such copies. SOFTWARE IS PROVIDED "AS IS," AND QLIK AND ITS
AFFILIATES AND SUPPLIERS DISCLAIM ALL OTHER
2.6 Third Party Materials. The Software may WARRANTIES, CONDITIONS AND OTHER TERMS,
include links that will take the User to websites not WHETHER EXPRESS OR IMPLIED (BY STATUTE,
operated by Qlik. These links are available as a COMMON LAW OR OTHERWISE) INCLUDING,
convenience and for informational purposes, and do WITHOUT LIMITATION, AS TO THEIR ACCURACY,
not constitute or imply an endorsement or TIMELINESS, COMPLETENESS, RESULTS, TITLE, NON-
recommendation. User agrees that Qlik is not INFRINGEMENT, SATISFACTORY QUALITY, AND FITNESS
responsible for the availability or contents of any FOR A PARTICULAR PURPOSE, EVEN IF QLIK HAS BEEN
website not operated by Qlik. Third party software INFORMED OF SUCH PURPOSE. USER ASSUMES ALL
components, each of which has its own copyright and RISK ASSOCIATED WITH QUALITY, PERFORMANCE,
its own applicable license conditions (“open source”) INSTALLATION AND USE OF THE SOFTWARE AND
may be distributed, embedded, or bundled with the ACKNOWLEDGES AND AGREES THAT QLIK SHALL HAVE
Software. Such open source software is separately NO OBLIGATION OR LIABILITY TO IN CONNECTION
licensed by its copyright holder. Use of the open WITH ANY DATA LOSS OR USE OF THE SOFTWARE.
source software must be in accordance with its license
terms available at www.qlik.com/license-terms. Qlik 5. LIMITATION OF LIABILITY
makes no representation, warranty or other
commitment of any kind regarding such open source 5.1. Limitation of Liability. TO THE MAXIMUM
software. Qlik offers no support for such open source EXTENT PERMITTED BY LAW, QLIK’S MAXIMUM
software and shall, to the maximum extent permitted AGGREGATE LIABILITY UNDER THIS DELA (REGARDLESS
by law, have no liability associated with its use. OF THE FORM OF ACTION, WHETHER IN CONTRACT,
TORT, OR OTHERWISE) SHALL BE LIMITED TO DIRECT
2.7 The Software may contain functionality DAMAGES NOT TO EXCEED ONE HUNDRED DOLLARS
intended to enforce the license restrictions for the (USD).
Software. This functionality can limit the use of the
Software, including without limitation, the manner and 5.2. No Consequential Damages. TO THE
duration of use. Any attempt by Licensee to interfere MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT
SHALL QLIK OR ITS RESPECTIVE LICENSORS OR

AFFILIATES BE LIABLE FOR ANY LOSS OF PROFITS OR copies, including backup copies, have been uninstalled,
REVENUES, LOSS OF SAVINGS, GOODWILL, OR DATA, destroyed or returned to Qlik. All provisions relating to
INACCURACY OF ANY DATA, THE COST OF confidentiality, Qlik’s ownership and proprietary rights,
PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR limitations of liability, disclaimers of warranties,
SOFTWARE, OR FOR ANY INDIRECT, INCIDENTAL, waiver, audit and governing law and jurisdiction shall
SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL survive the termination of this DELA. Termination shall
DAMAGES, HOWSOEVER ARISING AND REGARDLESS not affect or prejudice either party’s rights accrued as
OF THE THEORY OF LIABILITY, EVEN IF THE USER HAS at the date of termination.
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE
OR LOSS. 7. CONFIDENTIALITY
5.3. THE FOREGOING LIMITATIONS, EXCLUSIONS 7.1 User agrees to hold in confidence Confidential
AND DISCLAIMERS SET FORTH IN THIS DELA SHALL Information until User receives written notice from
APPLY TO THE MAXIMUM EXTENT PERMITTED BY Qlik that the Confidential Information ceases to be
APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS confidential. User further agrees that User shall not
ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT use Confidential Information except to the extent
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY necessary to exercise the license granted to User by
SET FORTH ABOVE. ACCORDINGLY, SOME OF THE Qlik hereunder. User will protect Confidential
LIMITATIONS MAY NOT APPLY TO USER. TO THE Information from unauthorized distribution and use
EXTENT THAT QLIK MAY NOT, AS A MATTER OF with the same degree of care that User uses to protect
MANDATORY APPLICABLE LAW, DISCLAIM ANY its own like information, but in no event less than a
IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE reasonable degree of care. User acknowledges and
SCOPE OR DURATION OF SUCH WARRANTY AND THE agrees that, due to the unique nature of the
EXTENT OF QLIK’S LIABILITY SHALL BE THE MINIMAL Confidential Information, there can be no adequate
PERMITTED UNDER SUCH APPLICABLE LAW. remedy at law for breach of this Section 7and that such
breach would cause irreparable harm to Qlik; therefore
5.4. Third Party Beneficiaries. Nothing in this Qlik will be entitled to seek immediate injunctive relief,
DELA will create any rights in favor of any third party in addition to any remedies otherwise available at law
including any rights pursuant to the UK’s Contracts or under this DELA.
(Rights of Third Parties) Act 1999 or other applicable
law. This shall not affect any right or remedy of a third 7.2 “Confidential Information“ means any
party that exists or is available apart from that Act or confidential or proprietary information which relates
such other applicable law. to Qlik’s trade secrets, Software, source code for the
Software, the Documentation, services, deliverables,
6. TERM AND TERMINATION training materials, technology, research, development,
pricing, product plans, marketing plans, business
6.1. Term. This DELA shall automatically information, proprietary materials including visual
terminate, without need for notice, on the first of the expressions, screen formats, report formats, design
following to occur: (i) Qlik makes available a new features, ideas, methods, algorithms, formulae, and
version of the Software, which User fails to install; (ii) concepts used in the design and all future
upon notice at any time by Qlik, or (iii) User’s breach of modifications and enhancements. Confidential
the terms of this DELA. The User may terminate this Information shall also include third party data or
DELA for convenience at any time by uninstalling, information that was disclosed to User under a duty of
destroying or returning to Qlik all copies of the confidentiality. Confidential Information also includes
Software and Documentation in the User’s possession any information, in whatever form, disclosed or made
or within its control. Qlik reserves the right at any time available by Qlik to User that relates to or is contained
and in its sole discretion, to characteristics, features, within Qlik Confidential Information and that is not
specifications, capabilities, availability, release dates, publicly known. Confidential Information does not
licensing term, pricing, and any other aspects of the include information that: (i) enters the public domain
Software. through no fault of User; (ii) is communicated to User
by a third party under no obligation of confidentiality;
6.2. Termination. Upon termination, the (iii) has been independently developed by User
license(s) to use the Software hereunder shall without reference to any Confidential Information; (iv)
terminate and User agrees to promptly uninstall, was in User’s lawful possession prior to disclosure and
destroy or return to Qlik all copies of the Software and had not been obtained either directly or indirectly
Documentation and to certify in writing that all known from Qlik; and (v) is required to be disclosed by law,

provided User has promptly notified Qlik in writing of QLIK HEREBY DISCLAIMS ALL WARRANTIES, WHETHER
such requirement and allowed Qlik a reasonable time EXPRESS, IMPLIED OR STATUTORY, REGARDING THE
to oppose such requirement. DATA, INCLUDING WITHOUT LIMITATION ANY AND ALL
IMPLIED WARRANTIES OF MERCHANTABILITY,
8. DATA SERVICES ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH
8.1. The Software may include functionality that QUIET ENJOYMENT, AND NON-INFRINGEMENT OF
allows the User to access certain data from Qlik’s THIRD-PARTY RIGHTS. FURTHER, QLIK DISCLAIMS ANY
DataMarket Service without charge (“Data”). Use of WARRANTY THAT LICENSEE'S USE OF THE DATA WILL
any Data with the Sense Desktop Software is subject to BE UNINTERRUPTED OR ERROR FREE. QLIK DOES NOT
the additional terms and conditions set forth in this WARRANT OR GUARANTEE THAT IT WILL CORRECT
Section 8. The terms in this Section 8 shall take ANY ERRORS OR INACCURACIES IN THE DATA AND QLIK
precedence and supersede any conflicting terms in the WILL NOT PROVIDE ANY SUPPORT OR MAINTENANCE
Agreement. SPECIFICALLY FOR THE DATA SERVICES. LICENSEE
HEREBY ACKNOWLEDGES THAT QLIK RETRIEVES,
8.2 Use. Subject to Licensee’s continued AGGREGATES, NORMALIZES AND DELIVERS THE DATA
compliance with the terms of this DELA, Qlik grants FROM A WIDE VARIETY OF THIRD PARTY SOURCES AND
Licensee a non-exclusive, non-transferable, limited DOES NOT GENERATE OR CREATE THE DATA ITSELF.
license to access, download and store Data for the sole THIS DISCLAIMER SHALL APPLY NOTWITHSTANDING
purpose of displaying such Data within a dashboard or ANY WARRANTIES MADE WITH REGARD TO THE
visualization generated by the Software during the SOFTWARE OR ANY OTHER STATEMENTS TO THE
term of this DELA. The Data provided hereunder is CONTRARY CONTAINED IN THIS DELA.
licensed, not sold. To the extent not expressly licensed
to Licensee hereunder, Qlik and its vendors and 9. GENERAL PROVISIONS
supplies reserve and retain all right, title and interest in
and to the Data and all intellectual property rights 9.1. Records. Without limiting any of the
embodied therein. foregoing, Licensee shall maintain an up-to-date
written record of the number of copies and location of
8.3 Restrictions. Licensee shall not permit or the Software in its possession or control, and upon
authorize anyone to (a) use the Data for any purpose request, shall provide such record to Qlik. Licensee
except as set forth above, (b) distribute, convey, lend, shall ensure that the necessary precautions are taken
lease, share, sell, charge for the right to use, transfer, to safeguard the Software to prevent its reproduction,
market, sublicense, rent or otherwise make available distribution or misuse.
any of the Data to any third party, including, but not
limited to, on a stand-alone basis, as an integrated 9.2. Assignment. User may not assign or transfer
component of any product other than the Software or this DELA or its rights and obligations under this DELA
in a manner that would permit a third party to to any third party without the prior written consent of
sublicense or distribute the Data on an OEM or similar Qlik. Qlik is free to assign or transfer any or all of its
basis, (c) remove any copyright, trademark or other rights or obligations under this DELA at its discretion.
proprietary notice from the Data, (d) decompile
(including, without limitation, to re-identify any 9.3. Entire Agreement/Severability. This DELA
personally identifiable information contained therein), constitutes the entire DELA between the parties with
modify or alter any part of the Data, (e) display, publish respect to the use of the Software, and supersedes all
or perform any of the Data or (f) use the Data in any previous agreements, representations, warranties,
manner that violates applicable law. Licensee statements, negotiations, understandings and
acknowledges that, as a condition of publishing, undertakings, whether verbal or written, pertaining to
displaying, or otherwise disclosing certain Data, such subject matter. If any provision of this
Licensee agrees to include notices, to the extent Agreement is found by a court of competent
required, attributing the source of any Data to the jurisdiction to be invalid or unenforceable, that
publisher of such Data, in accordance with DataMarket provision will be limited to the minimum extent
Third Party Terms available at www.qlik.com/license- necessary so that this Agreement will otherwise
terms. remain in force and effect. The User hereby
represents and acknowledges that in entering into this
8.4 Disclaimer. THE DATA IS PROVIDED "AS IS" DELA, it did not rely on any representations or
WITHOUT WARRANTY OF ANY KIND. TO THE warranties other than those expressly set forth in this
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DELA.

9.4. Compliance with Laws. User agrees at all necessary, severed to the extent necessary to
times to comply with applicable laws and regulations in eliminate its invalidity or unenforceability, and the
its performance of this DELA, including, without other provisions of this DELA shall remain in full force
limitation, the provisions of the U.S. export control and effect. All terms of this DELA shall be binding
laws, the U.S. Trading With the Enemy Act, the U.S. upon, inure to the benefit of, and be enforceable by
International Emergency Economic Powers Act, the and against the respective successors and permitted
U.S. Arms Export Control Act and U.S. Department of assigns of Qlik and User. No term of this DELA shall be
the Treasury Office of Foreign Assets Control, the deemed waived and no breach or default excused
United States’ Foreign Corrupt Practices Act (“FCPA”) unless such waiver or excuse shall be in writing and
and the United Kingdom’s Bribery Act 2010 (“Bribery signed by the Party issuing the same. No action,
Act”). User will indemnify, defend and hold harmless regardless of form, arising out of this DELA may be
Qlik and its respective officers, agents and employees brought by User more than one (1) year after the cause
from and against any and all losses, costs, claims and of action arose.
other liabilities arising out of, relating to or resulting
from User’s failure to comply with the provisions of 9.9. U.S. Government Rights. If the User is a unit
applicable laws or the FCPA or the Bribery Act. or agency of the United States Government, User
agrees that the Software is “Commercial computer
9.5. Governing Law and Jurisdiction. This DELA software” or “commercial computer software” or
is governed by and construed in accordance with the “commercial computer software documentation” and
laws of Sweden (excluding the U.N. Convention on that, absent a written agreement to the contrary, the
Contracts for the International Sale of Goods) and any United States Government’s rights with respect to such
dispute, controversy or claim arising out of or in Software or Documentation are limited by the terms
connection with this DELA, or the breach, termination specified in this DELA, pursuant to FAR 12.212(a)
or invalidity thereof, shall be settled by arbitration at and/or DFARS 227.7202-1(a), as applicable. The
the Arbitration Institute of the Stockholm Chamber of Software has been developed exclusively at private
Commerce (the “SCC Institute”). Where the amount in expense, and has been available for license by
dispute clearly does not exceed EUR 100,000, the SCC members of the public.
Institute’s Rules for Expedited Arbitration shall apply
and the arbitral tribunal shall be composed of a sole 10. USER REGISTRATION AND
arbitrator. Where the amount in dispute clearly INFORMATION
exceeds the amount set forth above, the Rules of the
SCC Institute shall apply and the arbitral tribunal shall Prior to using the Software, the User is required to
be composed of three arbitrators. The place of register with Qlik and provide certain user information.
arbitration shall be Lund, Sweden. The language to be By registering, the User consents to allow Qlik to
used in the arbitral proceedings shall, unless otherwise contact the User regarding its products and services for
agreed, be English. the term of this DELA. If User withdraws consent to
receive communications from Qlik at any time, this
9.6. Notices. All notices or other communications DELA shall automatically terminate. In order to
to Qlik shall be addressed to: Qlik International AB,
improve the Software and the User’s experience with
Scheelevägen 24-26; SE-223 63 Lund, Sweden;
the Software, Qlik may collect and use certain
ATTENTION: Legal Department with a copy to General statistical and usage information relating to the
Counsel, Qlik, 150 N. Radnor Chester Rd., Suite E-120, Software. This information may include size and
Radnor, PA 19087. number of databases and document objects, session
information (e.g., number, duration, error messages,
9.7. Limitation to Bring Action. No action,
types/number of users and applications used) and
regardless of form, arising out of this Agreement may
browser information. The collection and use of this
be brought by User more than one (1) year after the
information will be governed by Qlik’s Privacy Policy,
cause of action arose.
which is available at www.qlik.com/info/privacy. Any
9.8 Miscellaneous. Nothing in this DELA shall be attempt by the User to disable or interfere with any
construed to create an agency, joint venture, functionality in the Software is not permitted and shall
partnership, fiduciary relationship, joint venture or be a breach of the DELA.
similar relationship between the Parties. If any
provision of this DELA is invalid or unenforceable, that
provision shall be construed, limited, modified or, if