END USER LICENSE AGREEMENT

Feb 12, 2019
Maria Dorogokupez

Posted by Maria Dorogokupez

END USER LICENSE AGREEMENT

 

The End User License Agreement pertains to all App you or the entity or company that you represent have chosen to downloading, installing or using from Atlassian Marketplace if you accept all the terms therein.

Please read the agreement carefully, as it sets out the basis upon which Polontech (“Vendor”) license the Software for use.

By downloading, installing or subscribing to App, or by otherwise indicating your assent, you accept the terms of the Agreement.

If you do not unconditionally agree to all terms of this Agreement, that mean you will not have any right to use the Software. 

When this agreement is accepted on behalf of another company (organisation) or your employer  you warrant that you have full authority to act for and to bind that legal entity to this Agreement; the terms “you” and “your” will refer to that legal entity.

The End User License Agreement pertains to all App you or the entity or company that you represent have chosen to downloading, installing or using from Atlassian Marketplace if you accept all the terms therein.

1. DEFINITIONS

 “Agreement” – refers to this End User License Agreement pertains to Apps distributed through Atlassian Marketplace including any amendments to this agreement from time to time.

“App” – means a software application developed and distributed by Vendor through Atlassian Marketplace.

“Atlassian” – means Atlassian Pty Ltd, an Australian enterprise software company, the owner and provider of Atlassian Marketplace and a reseller of Apps available through Atlassian Marketplace.

“Atlassian Marketplace” – means an online marketplace for server  owned and operated by Atlassian and available at https://marketplace.atlassian.com.

“Access Credentials” – means Authorized Users’ IDs and passwords required to access functionality of App (if any).

“Host Application” – means a software application developed by Atlassian.

“App Details Page” – means a section of Atlassian Marketplace dedicated to a particular App.

“Documentation” – means user manuals, support pages, information contained on App Details Page, other documentation related to App provided by Vendor in electronic or online form.

“Server App” – means downloadable App that you obtain from Vendor.

“Reseller” means Atlassian, Atlassian authorized resellers, through which you have obtained App from Atlassian Marketplace.

“Authorized User” – a person who acces and uses App.

“Scope of Use” – means your authorized scope of use for App as specified in ordering documentation.

“Third-Party Services” – means software platforms, services, plug-ins, applications, components developed and/or provided by Atlassian or by other Atlassian vendors and software developers. 

2. LICENSE GRANT AND OWNERSHIP

 Vendor makes available software through Atlassian online marketplace which are add-ons and plugin features to Atlassian products Jira, Confluence and Jira Service Desk.

App is licensed to you directly by Vendor, not sold, irrespective of the use of terms such as “purchase” or “sale”. Vendor or its licensors own all right, title and interest.

Vendor grants you a limited, worldwide, non-exclusive, non-transferable, non-assignable, non-sublicensable License, revocable at Vendors discretion, to use the Software in object code form only.

The License only allows you to use the Software as received at the time of download and/or installment, in a single installation of Atlassian products Jira, Confluence or Jira Service Desk. No other use of the software is allowed without pre-approval by Vendor. 

No other interest, right or title is granted except as expressly stated in this Agreement.

You acknowledge that App will only function if its license tier matches the tier of the Host Application.

3. LICENSE RESTRICTIONS

 According to Agreement you may not:

  • Make any attempt to create derivative works of/from App.
  • Interfere, defeat with or otherwise circumvent any license key mechanism in App or attempt to circumvent mechanisms in App intended to limit your use.
  • Sell, rent, lease, sub-license, encumber, assign, or otherwise transfer App or any rights or interest therein.
  • Seek to obtain or derive the source code of the App, underlying ideas or algorithms, except as permitted by law.
  • Remove any proprietary notices such as but not only:logo, trademark, copyright or labels in App.
  • Access or use App other than by using the Access Credentials.
  • Permit third parties to benefit from the use or functionality of App, unless it is not expressly permitted by this Agreement.
  • Use App in any manner not described herein.

4. AUTHORIZED USERS AND ACCESS

Only an Authorized User may have access to the App and only for use in accordance with the terms and conditions of Agreement. Authorized Users may be yours, your Affiliates’ or other third parties who are acting on your behalf . Your customers are not parties to, or third party beneficiaries under the Agreement.

You may permit your customers to have limited access (free of charge) to certain Apps as Authorized Users, provided that:

  • The purpose of your customers’ access and use of your instance of App is exclusively to support their use of your own products and services that are unrelated to App.
  • You have concluded an agreement with your customers and this agreement require them to comply with the applicable terms of this Agreement.
  • Customers may not receive any administrator, or similar access to App.

All use of App by you and your Authorized Users must be within the Scope of Use and according to Documentation. You are solely responsible for adherence to this Agreement by all Authorized Users.

If Access Credentials required You must make sure that all Authorized Users keep their Access Credentials for App confidential.

You are responsible for all activity that occurs through or under your Access Credentials and must notify Vendor if you were informed of any unauthorized use or loss of Access Credentials . You accept responsibility for the confidentiality and use of Access Credentials that you may receive for your Authorized Users’ access to and use of App.

5.  THIRD PARTY SOFTWARE AND SERVICES

You recognize that:

Use of any Third-Party Service and information will be governed by the applicable license agreements or terms of services, if any, with such third party. You shall accept responsibility of the terms of these agreements.

Vendor is not responsible for reliability or performance of any third party services and makes no warranty of any kind with respect with such third party services.

Vendor do not investigate or review any of such Third-Party Services, and does not recommend, approve or disapprove any of them.

6. ADVERTISING MATERIALS

 Vendor has the right to mention you as Vendor’s customer in promotional materials or at Vendor’s website.

7. FEEDBACK

 If you choose to communicate to Vendor any feedback or suggestions for improvement of Apps, you grant Vendor the right to use, modify, share and communicate such feedback for any and all commercial or non-commercial purposes, without charge and free of any obligation of attribution. You warrant that any such feedback is not subject to any license or any other third party right and will not be considered as your Confidential Information.

8. PRIVACY POLICY AND CONFIDENTIALITY

The data and any information that Vendor collects from you or your device will be subject to its Privacy Policy.

According to this Agreement, you consent that Privacy Policy, as it exists at any relevant time, shall be applicable to you.

Vendor does not require from you to provide Vendor with any of your confidential or non-public information.

Each party agrees that all inventions, code, technical and financial information disclosed to such party (“Receiving Party”) by the disclosing party (“Disclosing Party”) is the confidential property of the Disclosing Party (“Confidential Information”), provided that it is clearly identified as confidential at the time of disclosure and is accepted by the Receiving Party as such.

The Receiving Party will hold in confidence and not use or disclose any Confidential Information.

9. WARRANTIES

App is provided on an “as is” basis and without any warranty, express or implied.

You take responsibility for selecting App to get your intended results, for the use of, the installation of and results obtained from the App. Vendor does not provide warranty that App will be error-free or free from other failures or that App will meet your requirements.  

10. LIMITATION OF LIABILITY

None of the parties shall be liable for any loss resulting from a force majeure, including but not limited to, the failure of communication lines, Internet, telephone, electronic or mechanical equipment or other interconnect problems, unauthorized access, theft or your errors.

Vendor disclaims all obligations or liabilities with respect to free Apps, including any maintenance, warranty, and indemnity obligations.

11. INDEMNIFICATION

 You hereby indemnify and hold harmless Vendor its Affiliates, officers, directors, employees, agents, representatives from any claims, damages, liabilities, costs and fees (including reasonable fees for legal counsel)  arising from or relating to your use of App and/or your violation of this Agreement or any third party’s rights.

Vendor agrees to indemnify, defend and hold harmless you, your Affiliates, officers, directors, employees, agents and representatives from any and all claims, including, but not limited to, any liability or expense arising from all claims, damages (actual and consequential), suits, litigation costs, and attorney’s fees, of every kind and nature, as incurred, associated with or arising out of any threatened or actual claim for infringement, breach, or misappropriation of any intellectual property, including, without limitation, patents, copyrights, trade secrets, trademarks, service marks, by or based upon use of App by you or your Affiliates.  

12.TERM AND TERMINATION

The Agreement shall come into force on the date when You download, install and/or start using the App.

You may terminate this Agreement at any time, for any reason or no reason.

Vendor may suspend or terminate this Agreement with you, or may terminate or suspend your use of App at any time and with no liability to you if:

  • You violate any term of this Agreement.
  • You infringe proprietary rights.
  • You engaged in other actions relating to or in the course of using App that may be illegal.
  • It is required by law.

Vendor may terminate your right to use Apps at any time and for any reason in their sole discretion, without liability to you.

13. JURISDICTION

 This Agreement shall be applied, governed by and construed in accordance with the laws of the Republic of Belarus, without regard to or application of choice of law rules or principles.

You further agree that any disputes or claims related to this Agreement will be resolved by a state court located in the Republic of Belarus.

Nothing in this Section shall limit the right of Vendor to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

14. MODIFICATION

 Vendor has the right, at any time and at its sole discretion:

  • To update or modify Documentation.
  • To make changes update or discontinue App or any feature or functionality thereof at any time.
  • To modify or revise this Agreement.

To show your acceptance You may be required to click through the updated Agreement.

If you do not agree to the updated Agreement after it becomes effective, you shall discontinue use of App immediately.

Your continued use of App after a change or update has been made will constitute your acceptance to the amended Agreement.

15. MISCELLANEOUS

 This Agreement is the entire agreement between you and Vendor relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, letter or other communication between the parties relating to its subject matter during the term of this Agreement.

Share this post on:

CONTACT US

We are always ready to help you