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Wiiisdom for Tableau Subscription Agreement

PLEASE READ THE TERMS AND CONDITIONS OF THIS SUBSCRIPTION AGREEMENT (“SUBSCRIPTION AGREEMENT” OR “AGREEMENT”) CAREFULLY BEFORE OPENING, DOWNLOADING, OR INSTALLING, THE SOFTWARE COVERED BY THIS AGREEMENT. THEY CONSTITUTE INTELLECTUAL PROPERTY OWNED OR CONTROLLED BY WIIISDOM USA, INC (“LICENSOR”), AND ARE LICENSED (NOT SOLD) TO YOU (THE “CUSTOMER”). IF CUSTOMER DOWNLOADS, OPENS, OR INSTALLS THE SOFTWARE, OR HAS PAID THE LICENSE FEE SPECIFIED IN A QUOTATION FOR THE SOFTWARE THAT LICENSOR SUPPLIED TO CUSTOMER, CUSTOMER IS INDICATING THAT CUSTOMER HAS ACCEPTED AND AGREED TO THE TERMS OF THIS SUBSCRIPTION AGREEMENT AND THE QUOTATION. IF CUSTOMER IS NOT WILLING TO BE SO BOUND, CUSTOMER SHOULD STOP USING THE SOFTWARE, AND PROMPTLY RETURN THE SOFTWARE AND DESTROY ANY COPIES IN ANY FORM. LICENSOR AND CUSTOMER ARE COLLECTIVELY REFERRED TO AS THE “PARTIES,” AND EACH INDIVIDUALLY AS A “PARTY.”

FOR THE SAKE OF CLARITY, IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF (AND FOR USE ON BEHALF OF) A COMPANY OR OTHER ENTITY (A “CORPORATE ENTITY”), YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH CORPORATE ENTITY TO THE TERMS OF THIS AGREEMENT AND YOU ACKNOWLEDGE THAT THE TERM “CUSTOMER” REFERENCED BELOW REFERS TO SUCH CORPORATE ENTITY.

 

1. Definitions

1.1 “Authorized Reseller” means any third party reseller, distributor or channel partner that has been authorized by Licensor to resell the Software to Customer.

1.2 “Authorized User” means those individuals for whom the applicable license fees have been paid and are authorized by Customer to install and/or use the Software on Customer’s behalf.

1.3 “Customer” means the individual or entity seeking to use the Software.

1.4 “Documentation” means the applicable documentation of the technical specifications for the Software and any product help provided by Licensor, published on the Licensor website or any other Licensor provided domain and updated from time to time by Licensor.

1.5 “License Term” means the period of time in which Customer shall be entitled to use the Software and Documentation as specified on the applicable Subscription Quote.

1.6 “Software” means the software program and related Documentation listed in the Subscription Quote and covered by this Subscription Agreement and known as Wiiisdom for Tableau.

1.7 “Subscription Quote” means any ordering documents, online registration, order descriptions or order confirmations entered into by duly authorized representatives of Customer and Licensor (or its Authorized Reseller) which references this Subscription Agreement, identifies the specific Software ordered by Licensor, sets forth the number of purchased licenses and the prices for such Software.

 

2. Software Plans

Licensor makes available the Software through paid plans (each a “Plan”). The Customer specific Plan will be identified in the Subscription Quote presented when Customer orders or pays for the Software. Customer’s permitted scope of use, such as features available, and the number of Authorized Users depends on Customer’s selected Plan and will be specified on the applicable Subscription Quote.

 

3. License Grant

Subject to the terms and conditions of this Subscription Agreement Licensor hereby grants to the Customer, and Customer accepts, a non-exclusive, non-transferable, license to use the Documentation and the Software in object code form (and not in source code form), solely during the License Term and solely for Customer’s internal business purposes.

Licenses are granted on an Authorized User basis and may be reassigned between uniquely identified individuals over time, but may not be reassigned so frequently as to enable the sharing of a single license between multiple users. The total number of Authorized Users who can use the Software must not exceed the number of licenses purchased (as indicated on the Subscription Quote).

 

4. Permitted Use

This Subscription Agreement authorizes Customer to load the Software into and use it on a single computer which is under Customer’s control. If Customer wishes to transfer the Software from one computer to another, Customer must erase the Software from the first hard drive before Customer installs it onto a second hard drive.

 

5. Electronic Delivery

Software shall be delivered by electronic means. Software shall be deemed delivered when it is made available for Customer to download.

 

6. Restrictions

This transaction is a license, not a sale. Customer receives no title to or ownership of the Software or of any copy, and receives no rights to the Software other than those specifically granted in this Subscription Agreement. Without limiting the generality of the foregoing, Customer will not:

(i) modify, create derivative works from, distribute, publicly display, publicly perform, or sell or sublicense the Software;

(ii) permit third parties to use or exploit the Software in any manner, for example, as in a service bureau, or otherwise use the Software on behalf of third parties;

(iii) enable access to the Software for a greater number of Authorized Users than the total quantity of licenses purchased or reassign license rights between Authorized Users so frequently as to enable a single license to be shared between multiple users;

(iv) reverse engineer, decompile, disassemble, or otherwise attempt to derive any of the Software’s source code; or

(v) use the Software outside the Licensor license pool specified in the Subscription Quote.

Customer acknowledges and agrees that the Software and Documentation is proprietary to Licensor. Customer further acknowledges and agrees that all right, title, and interest in and to the Software and Documentation, and all updates, enhancements, configurations, and customizations thereof, including associated intellectual property rights, are and shall remain with Licensor.

 

7. License Fee

Subscription fees are based on the number of Authorized Users as specified in the Subscription Quote.

For purchases made by Customer directly from Licensor, Customer agrees to pay Licensor for the Software on the basis and at the rates specified in each Subscription Quote. Unless otherwise set forth on the Subscription Quote, payment shall be due within thirty (30) days after the date of Licensor’s invoice and shall be made in US Dollars. Customer agrees to pay a late charge of one and half percent (1 1/2%) per month (or part of a month), or the maximum lawful rate permitted by applicable law, whichever is less, for all amounts, not subject to a good faith dispute, and not paid when due. For purchases made by Customer from an Authorized Reseller, Customer agrees to pay the Authorized Reseller the fees as agreed to with the Authorized Reseller in accordance with any payment terms agreed to by Customer and such Authorized Reseller.

Upon expiration or termination of the License Term or this Subscription Agreement for any reason, Customer’s access to the Software and associated support services including, but not limited to, bug corrections, upgrades, major upgrades, custom support, and technical improvements will be suspended 30 (thirty) days after the end of the subscription period.

If, after terminating or failing to renew the annual subscription contract, Customer elects to renew the Subscription Quote within 90 days of the end of the License Term, Customer will be subject to any and all fees that would have been due if coverage had continued without interruption in addition to subscription fees for the upcoming period. Renewals will not be allowed more than 90 days after the end of the License Term, and thereafter Customer would be required to purchase new subscriptions at Licensor’s then going rate.

After the first year of the Term, Licensor may increase subscription fees no more than once per year in an amount equal to the percentage increase in the All Urban Consumer Price Index (CPI-U, U.S. city average, all items, not seasonally adjusted) for the immediately preceding calendar year. In the event the All Urban Consumer Price Index is negative, the Licensor’s subscription fees will not be reduced.

Customer shall be solely and exclusively responsible for the payment of required federal, state and local taxes arising from or relating to the Software rendered hereunder, except for taxes related to the net income of Licensor and any taxes or obligations imposed upon Licensor under federal, state and local wage laws.

 

8. Trademarks, Patent, Trade Secrets, Copyrights

There are no fees associated with the Evaluation License.

WIIISDOM and 360Suite are trademarks of Licensor. The Software is protected by the U.S. Patent 8,955,148 and other patents pending, and under applicable trade secret and copyright law. Except for the limited rights expressly granted herein, no right, license, or interest in such trademarks, patents, trade secrets, copyrights are granted hereunder, and Customer agrees not to assert any such right, license, or interest.

The Software includes software components which are licensed from third Parties, including components subject to the terms and conditions of “open source” software licenses (“Open Source Software”). To the extent required by the license that accompanies the Open Source Software, the terms of such license will apply in lieu of the terms of this Subscription Agreement with respect to such Open Source Software, including, without limitation, any provisions governing access to source code, modification or reverse engineering.

 

9. Publicity

Licensor may identify Customer as a Wiiisdom customer and use Customer name and logo in promotional and marketing materials, except as agreed otherwise in writing between the Parties.

 

10. Limited Warranty

THE SOFTWARE IS LICENSED “AS IS,” AND LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL PERFORM WITHOUT ERROR OR THAT IT WILL RUN WITHOUT IMMATERIAL INTERRUPTION. LICENSOR PROVIDES NO WARRANTY REGARDING, AND WILL HAVE NO RESPONSIBILITY FOR ANY CLAIM ARISING OUT OF: (I) A MODIFICATION OF THE SOFTWARE MADE BY ANYONE OTHER THAN LICENSOR, UNLESS LICENSOR APPROVES SUCH MODIFICATION IN WRITING; OR (II) USE OF THE SOFTWARE IN COMBINATION WITH ANY OPERATING SYSTEM NOT AUTHORIZED OR WITH UNAUTHORIZED HARDWARE OR SOFTWARE.

 

11. Limitation of Liability

IN NO EVENT WILL LICENSOR’S TOTAL, CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AGGREGATE OF FEES PAYABLE TO LICENSOR PURSUANT TO THIS AGREEMENT FOR THE PRIOR TWELVE MONTHS (INCLUDING FEES BOTH PAID AND DUE) AT THE TIME OF THE EVENT GIVING RISE TO THE LIABILITY; AND IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY LOST PROFITS OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES. THE LIABILITIES LIMITED BY THIS SUBSECTION APPLY: (A) TO LIABILITY FOR NEGLIGENCE; (B) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (C) EVEN IF LICENSOR IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (D) EVEN IF CUSTOMER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. Licensor shall be excused from responsibility for any delay, interruption, error, or malfunction resulting from natural disaster, transportation problems, defects, or malfunctions of third-party software, hardware, or communications; acts or omissions of Customer or other persons not supervised by Licensor; and other acts, events, or circumstances beyond its reasonable control, whether or not foreseeable or identified. If applicable law limits the application of the provisions of this Section 10, Licensor’s liability will be limited to the maximum extent permissible.

 

12. Term & Termination

(a) Term. This License will remain in effect for the License Term. At the end of the initial License Term, the License will automatically renew for successive twelve (12) month periods in accordance with the terms of the Subscription Quote and this Subscription Agreement (each a “Renewal Term”), unless either Party notifies the other Party in writing of its election not to renew the License Term at least ninety (90) days prior to the end of the then-current term.

(b) Termination for Cause. Notwithstanding the foregoing, either Party may terminate this Agreement and the Subscription Quote (i) immediately in the event of a material breach of this Agreement or such Subscription Quote by the other Party that is not cured within thirty (30) days of written notice thereof from the other Party, or (ii) immediately if the other Party ceases doing business or is the subject of a voluntary or involuntary bankruptcy, insolvency or similar proceeding, that is not dismissed within sixty (60) days of filing.

(c) Effects of Termination. Upon termination of this Agreement or any Subscription Quote set forth in section 11(b) or upon expiration of the License Term as described above in Section 11(a), the licenses granted herein will terminate and Customer must cease all use of the Software and delete all copies in its possession or control within thirty (30) days.

 

13. Support

(a) Description of support services relating to the Software:

  • HOTLINE. Licensor will provide a hotline associated with the Software, consisting of a website that permits Customer to open tickets online.
  • ERRORS vs BUGS. Licensor will assess Errors and Bugs in the Software. Upon discovery of any Error, Customer shall promptly use the hotline website to open a ticket and provide Licensor with a comprehensive written description of the Error, as well as such additional information as Licensor may reasonably request to assist with the verification and resolution of the Error.
    • DEFINITIONS:
      • An “Error” means a reported and verifiable failure of the Software that has a significant adverse effect on the Software’s functionality and on the Customer’s operations.
      • But, an Error does not include an effect:
        • That does not meet the foregoing standard, or
        • That results from changes or additions to the Software or to the
          operating environment not made or approved by Licensor, from issues caused by Customer’s personnel or contractors, or by malfunctions or defects of third-party software, hardware, or operating environment.
      • A “Bug” shall be anything that has an adverse effect on the Software’s functionality, but is not significantly adverse to be characterized as an Error.
    • ERROR FIX. After Customer has supplied the foregoing information, if Licensor then verifies the existence of an Error, then Licensor will address the issue in a workmanlike manner, within reasonable industry standards to provide an Error Fix in such time and in such manner as is reasonable in light of the type of nonconformity, and its effect on Customer’s installation site operations. For example, if a work-around is available, Licensor will ask Customer to use that work-around pending any Error Fix. Error Fix patches are only made to the most recent downloadable release.
    • BUG FIX. If Licensor verifies the existence of a Bug, Licensor will add it to its list of Bugs that may be addressed with a Bug Fix by its next scheduled Revision or New Release. Also, if a work-around is available, Licensor will ask Customer to use that work-around pending any Bug Fix. Bug Fix patches are only made to the most recent downloadable release.
  • REVISIONS AND NEW RELEASES THAT ARE NOT MAJOR UPGRADES. Licensor will supply Revisions and New Releases for the Software that do not constitute Major Upgrades. The timing and content of these is entirely within Licensor’s sole discretion. “Revisions” and “New Releases” mean bug corrections or Software product performance enhancements that Licensor generally makes available to its Customers who have an active license at no additional charge. Revisions and New Releases do not include Major Upgrades. Major Upgrades are new products or components that Licensor separately licenses and prices.
  • APPLICABILITY OF SUBSCRIPTION AGREEMENT. This Agreement shall continue to apply to all Error Fixes, Bug Fixes, Revisions and New Releases.

 

(b) Limitations on support:

  • Support applies only to Software that has not been modified.
  • Customer must use its support account to submit in writing to the Licensor’s support website (https://support.wiiisdom.com/) all requests for enhancements, bug fixes or error fixes.
  • Licensor reserves the right to decide whether or not to undertake development of “Enhancements”, meaning changes or additions to the Software requested by Licensee but outside the scope of this Subscription Agreement. If the Licensor agrees to undertake development of Enhancements, it will use reasonable efforts in the nature of professional services and under a separate written agreement providing for scope, fees, costs and other applicable elements. Enhancements will carry no warranty (other than title) unless expressly agreed in writing by Licensor.
  • See also Sections 9 and 10.

Licensor shall provide Customer with two levels of software support, depending on the version of Tableau in use by Customer.

If Customer is using a version of Tableau that still qualifies for technical support (https://www.tableau.com/support/services section Supported Versions), then Software’ support will include:

* Troubleshooting of technical issues

* Bug fixes

If Customer is using a version of Tableau that no longer qualifies for technical support, then Software’ support will include:

* Troubleshooting of technical issues, excluding issues caused by an unsupported version of Tableau

* Bug fixes, excluding bugs associated by an unsupported version of Tableau.

  • A detailed Scope of Support presentation is available for download on the Licensor support website (https://support.wiiisdom.com/). This presentation explains exactly what is included and what is not included.

 

14. Confidential Information

14.1 Parties agree that all any information, including but not limited to any kind of business, financial, commercial or technical information, know-how and data which has been or will be disclosed by the disclosing Party (“Disclosing Party”) to the receiving Party (“Receiving Party”) in connection with this Agreement constitute the confidential property of the Disclosing Party (“Confidential Information”), provided that at the time of disclosure the information has been identified as confidential by the Disclosing Party, or due to the nature of the information or the circumstances surrounding the disclosure, should be known as be confidential by the Receiving Party, acting reasonably. For the avoidance of doubt, Confidential Information of Licensor includes the Software, its pricing, the Documentation or technical or performance information disclosed by Licensor, relating to the Software, and the terms of this Agreement.

14.2 The Receiving Party shall hold in confidence, and shall not disclose (or permit or suffer its personnel to disclose) any Confidential Information to any person or entity except to a director, officer, employee, outside consultant, or advisor (collectively “Representatives”) who have a need to know such Confidential Information in the course of the performance of their duties for the Receiving Party and who are bound by a duty of confidentiality no less protective of the Disclosing Party’s Confidential Information than this Agreement. The Receiving Party and its Representatives shall use such Confidential Information only for the purpose for which it was disclosed and shall not use or exploit such Confidential Information for its own benefit or the benefit of another without the prior written consent of the Disclosing Party. Each Party accepts responsibility for the actions of its Representatives and shall protect the other Party’s Confidential Information in the same manner as it protects its own valuable confidential information, but in no event shall less than reasonable care be used.

14.3 Information will not be deemed Confidential Information hereunder if such information: (i) is known by the Receiving Party prior to receipt from the Disclosing Party, without any obligation of confidentiality; (ii) becomes known to the Receiving Party directly or indirectly from a source other than one having an obligation of confidentiality to the Disclosing Party; (iii) becomes publicly known or otherwise publicly available, except through a breach of this Agreement; or (iv) is independently developed by the Receiving Party without use of the disclosing Party’s Confidential Information. The Receiving Party may disclose Confidential Information pursuant to the requirements of applicable law, legal process or government regulation, provided that it gives the Disclosing Party reasonable prior written notice to permit the Disclosing Party to contest such disclosure, and such disclosure is otherwise limited to the required disclosure.

14.4 Each Party acknowledges that the Confidential Information of the other constitutes the valuable trade secrets of that Party and that any use or disclosure by the Receiving Party of such Confidential Information in a manner not authorized by this Agreement may cause irreparable harm to the Disclosing Party that could not be fully remedied by monetary damages. Each Party therefore agrees that the other
Party may specifically enforce this Agreement and shall be entitled, in addition to any other remedies available to it at law or in equity, to seek such injunctive or other equitable relief as may be necessary or appropriate to prevent such unauthorized use or disclosure without the necessity of proving actual or irreparable damage by reason of any such unauthorized use or disclosure.

 

15. Software Audit

Licensor may audit Customer’s use of the Software on five (5) days’ advance written notice. Customer will cooperate with the audit, including by providing access to any books, computers, records, or other information that relates or may relate to use of the Software. Such an audit will not unreasonably interfere with Customer’s business activities. In the event that an audit reveals unauthorized use of the Software, Customer will reimburse Licensor for the reasonable cost of the audit, in addition to such other rights and remedies as Licensor may have.

 

16. Governing Law and Arbitration

This Subscription Agreement shall be construed and governed in accordance with the laws of the State of Delaware without reference to conflict of laws principles. Any controversy, dispute or question between the Parties or arising out of, in connection with, or in relation to this Agreement or its interpretation, performance or nonperformance, or any breach thereof shall be determined by arbitration conducted in Delaware, in accordance with the then existing Commercial Rules of the American Arbitration Association by a single arbitrator. The Parties agree that state and federal courts sitting in Delaware shall have venue and jurisdiction over the Parties to implement judgment upon any arbitral award. The award of the arbitrator shall be final and binding and enforceable in any court of competent jurisdiction in the same manner as any other judgment of said court. However, nothing contained herein shall in any way deprive either Party of its right to obtain injunction or other equitable relief in such state or federal courts. If any action is brought by either Party to this Subscription Agreement against the other Party regarding the subject matter hereof, the prevailing Party shall be entitled to recover, in addition to any other relief granted, reasonable attorneys’ fees and expenses of litigation.

 

17. Privacy Policy

Licensor may process personal data collected via the Software for the purposes of maintaining and improving the Software and providing support related to the Software. Processing may include measuring and analyzing Customer usage of the Software, and conducting surveys related to the Software.

For information about Licensor’s data protection practices, please read Licensor’s privacy policy at
https://wiiisdom.com/terms-privacy-policy/. This policy explains how Licensor treats Customer personal information, and protects Customer privacy, when Customer uses the Software or Licensor websites.

 

18. Miscellaneous

(a) Severability. To the extent permitted by applicable law, the Parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.

(b) Entire Agreement. This Agreement, including all Subscription Quotes, contains the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous proposals, understandings, representations, warranties, covenants, and any other communications (whether written or oral) between the Parties relating thereto and is binding upon the Parties and their permitted successors and assigns. Only a written instrument that refers to this Agreement or the applicable Subscription Quote and that are duly signed by the authorized representatives of both Parties may amend this Agreement or such Subscription Quote.

(c) Interpretation. In the event of any conflict between the terms of this Agreement and the Subscription Quote, the terms of this Agreement will govern. The Parties agree that the terms of this Agreement result from negotiations between them. This Agreement will not be construed in favor of or against either Party by reason of authorship. The failure of either Party to enforce any rights granted hereunder or to take action against the other Party in the event of any breach hereunder shall not be deemed a waiver by that Party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. The Parties are independent contractors and will so represent themselves in all regards. Neither Party is the agent of the other and neither may bind the other in any way. To the extent caused by force majeure, no delay, failure, or default will constitute a breach of this Agreement.

(d) U.S. Government Restricted Rights. The Software and related Documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software–Restricted Rights at 48 C.F.R. 52.227-19, as applicable. Manufacturer for such purpose is Wiiisdom USA, Inc.

(e) Survival after termination. The following provisions will survive termination of this Agreement: (i) any obligation of Customer to pay for services rendered before termination; (ii) Sections 6, 8, 9, 10, 13 and 17 of this Agreement; and (iii) any other provision of this Agreement that must survive termination to fulfil its essential purpose.

(f) Notices. Notices pursuant to this Agreement will be sent to the addresses below, or to such others as either Party may provide in writing. Such notices will be deemed received at such addresses upon the earlier of (i) actual receipt or (ii) delivery in person, or by certified mail return receipt requested.

(i) For Licensor:
Wiiisdom USA, Inc.
Attn: President
53 State Street / Suite 500
Boston MA 02109
USA
Email: legal@wiiisdom.com

(ii) For Customer: The address set forth in the Subscription Quote

(g) Assignment & Successors. Neither Party may assign this Agreement or any of its rights or obligations hereunder without the other’s express written consent, except that (i) either Party may assign this Agreement as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets or business to which this Agreement relates provided that it gives the other Party prompt written notice of such assignment and the assignee is or otherwise agrees in writing to be bound by the terms and conditions of this Agreement and (ii) the Licensor may assign the Subscription Agreement to any Affiliate. Except to the extent forbidden in the previous sentence, this Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the Parties. For purposes of the foregoing, an “Affiliate” means any corporation, partnership or other entity now existing or hereafter organized that directly or indirectly controls, is controlled by or under common control with Licensor. For purposes of this definition “control” means the direct possession of a majority of the outstanding voting securities of an entity.

(h) Export. Customer acknowledges that the export of any Software is subject to export or import control and Customer agrees that any Software or the direct or indirect product thereof will not be exported (or re‑exported from a country of installation) directly or indirectly, unless Customer obtains all necessary licenses from the U.S. Department of Commerce or other agency as required by law.