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Contract terms

TermWhat the agreement saysClauseAgreementSource
Auto-renewalQlik (vendor agreement)Subscriptions automatically renew for successive terms equal to the initial subscription period unless either party gives prior written notice of non-renewal9.1 TermQlik Customer Agreement, rev. 2024-05-31source [5]
Notice periodQlik (vendor agreement)At least 45 days prior to the end of the then-current subscription period
NoteNon-renewal notice, given by either party
9.1 TermQlik Customer Agreement, rev. 2024-05-31source [5]
Termination for convenienceQlik (vendor agreement)Subscriptions may not be cancelled in whole or in part during any subscription period9.1 TermQlik Customer Agreement, rev. 2024-05-31source [5]
Renewal upliftQlik (vendor agreement)Subscription fees are subject to increase based upon prevailing rates at the time of renewal
NoteNo cap stated
9.1 TermQlik Customer Agreement, rev. 2024-05-31source [5]
Termination for breachQlik (vendor agreement)Either party may terminate if the other fails to cure a material breach within 30 days after written notice (10 days for non-payment); Qlik may terminate immediately for breach of the use restrictions in Section 3.49.2 Termination for Breach or InsolvencyQlik Customer Agreement, rev. 2024-05-31source [5]
SuspensionQlik (vendor agreement)Qlik may suspend access if required by law, on violation of the Agreement or Acceptable Use Policy, on disruption of Qlik Cloud, or on failure to pay when due; reasonable efforts to notify beforehand9.4 Suspension of ServiceQlik Customer Agreement, rev. 2024-05-31source [5]
Payment termsQlik (vendor agreement)Fees are due per the Order Form; all subscription fees are due for the full subscription period when purchased; payments are non-cancelable, non-refundable and non-creditable; an invoice is deemed approved unless disputed in writing within 60 days3.9 PaymentQlik Customer Agreement, rev. 2024-05-31source [5]
Late payment interestQlik (vendor agreement)Unpaid fees may be subject to a monthly late fee set in the Order Form, or the maximum rate permitted by law, whichever is lower
NoteThe late-fee rate itself is set in the Order Form, not the Agreement
3.9 PaymentQlik Customer Agreement, rev. 2024-05-31source [5]
True-upQlik (vendor agreement)Use exceeding purchased quantity limits is invoiced and paid monthly in arrears at the fees set in the Order Form3.9 PaymentQlik Customer Agreement, rev. 2024-05-31source [5]
Liability capQlik (vendor agreement)Each party's cumulative liability is limited to actual damages and will not exceed the fees paid or payable for the 12-month period preceding the claim, attributable to the products or services at issue; carve-outs for indemnity, death or bodily injury, payment obligations, IP violations and Section 3.4 breaches6.1 Limitation of LiabilityQlik Customer Agreement, rev. 2024-05-31source [5]
Governing lawQlik (vendor agreement)The law of the jurisdiction in Table 1 corresponding to the customer's billing country; US customers: Commonwealth of Pennsylvania, USA; countries not otherwise listed: laws of Sweden with arbitration at the Stockholm Chamber of Commerce10.7 Governing Law and Jurisdiction; Table 1Qlik Customer Agreement, rev. 2024-05-31source [5]
Changes to the agreementQlik (vendor agreement)The Agreement may not be modified except in writing signed by both parties10.16 Entire Agreement; Severability; LanguageQlik Customer Agreement, rev. 2024-05-31source [5]
Public-sector carve-outQlik (vendor agreement)For U.S. Government end users, the Software and Documentation are "commercial computer software" with restricted rights under FAR 12.212 / 52.227-19 and DFARS 227.720210.11 U.S. Government End UsersQlik Customer Agreement, rev. 2024-05-31source [5]
Audit rightsQlik (vendor agreement)Verification and audit: on request (no more than once a year) the customer must self-certify compliance within 10 business days; Qlik may audit use with 15 days' notice; if the customer is not in material compliance it bears the audit costs10.1 Verification and AuditQlik Customer Agreement, rev. 2024-05-31source [5]
OtherQlik (vendor agreement)No set-off: payments are non-cancelable, non-refundable and non-creditable with no right of offset or suspension, except as the Agreement expressly provides
NoteNo right of set-off
3.9 PaymentQlik Customer Agreement, rev. 2024-05-31source [5]
OtherQlik (vendor agreement)Acceleration: an installment arrangement is a courtesy Qlik may revoke on the customer's material breach, as all subscription fees are due for the full period when purchased; on termination all amounts payable are immediately due and payable
NoteAcceleration on breach or termination
3.9 Payment; 9.3 Effect of TerminationQlik Customer Agreement, rev. 2024-05-31source [5]
OtherQlik (vendor agreement)Either party may terminate if the other terminates or suspends its business without a successor or becomes subject to a bankruptcy petition or any insolvency, receivership, liquidation or assignment-for-creditors proceeding
NoteTermination on insolvency
9.2 Termination for Breach or InsolvencyQlik Customer Agreement, rev. 2024-05-31source [5]
OtherQlik (vendor agreement)The Agreement takes precedence over the Order Form in a conflict, but only for the specific subject matter of each; more specific Order Form terms on a concept, or a concept the Order Form does not address, are no conflict; purchase-order terms have no effect; Addendum 1 supersedes for German, Austrian and Australian contracting addresses
NoteOrder of precedence
10.16 Entire Agreement; 10.14 No Waiver; 10.19 Local Law RequirementsQlik Customer Agreement, rev. 2024-05-31source [5]
OtherQlik (vendor agreement)Evaluation products: non-production use only, for the period set by the licence key or credentials; a Qlik Cloud evaluation is free of charge until the end of the evaluation period, the start of a purchased subscription or termination by Qlik in its sole discretion; provided as is without indemnity, support, service credits or warranty; Qlik's liability capped at USD 100
NoteEvaluation terms; content may be permanently lost unless a subscription is bought or content is exported before the evaluation ends
10.4 EvaluationQlik Customer Agreement, rev. 2024-05-31source [5]
TaxesQlik (vendor agreement)Fees exclude taxes; the customer pays all sales, use, excise, withholding, value-added and other taxes and duties on amounts payable, except taxes on Qlik's income, unless it provides a valid exemption certificate3.10 TaxesQlik Customer Agreement, rev. 2024-05-31source [5]
DisputesQlik (vendor agreement)An invoice not objected to in writing within 60 days of receipt is deemed approved; suits go only to the courts or arbitration boards in Table 1 for the contracting Qlik entity, in English; jury trial waived; customer actions must be brought within two years3.9 Payment; 10.7; 10.15 LimitationQlik Customer Agreement, rev. 2024-05-31source [5]

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