The add-on is licensed under the provisions of the "Standard EULA" from the Atlassian Marketplace Terms of Use as a "Marketplace Product". Philip Lindner is the Licensor of the "Marketplace Product". This document is an addendum for, and therefore extends, the Atlassian Marketplace Terms of Use. This document applies to all apps (cloud and self-hosted) provided through the Atlassian marketplace and support services provided by Licensor.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
(a) Licensor grants you a limited, worldwide, non-exclusive, non-transferable license to install and use "the add-on" only on the Atlassian systems owned, leased, or controlled by you. (b) You may not modify, reverse engineer, decompile or disassemble "the add-on" in whole or in part, create any derivative works from the plugin or sub-license any rights in the plugin unless otherwise expressly authorized in writing by Licensor. (c) "The add-on" is protected by copyright and other intellectual property laws and treaties. Licensor owns all title, copyright, and other intellectual property rights in "the add-on". This EULA applies whether you purchase Products directly from Licensor, through the Atlassian marketplace, through an authorized Reseller or otherwise. If you purchase through a Reseller, your license rights shall be as stated in the Order placed by Reseller for you, and the Reseller is responsible for the accuracy of any such Order. Resellers are not authorized to make any promises or commitments on Licensor’s behalf, and Licensor is not bound by any obligations to you other than what is included in this EULA.
The products are provided on an “as is” and “as available” basis without warranty, express or implied, of any kind or nature, including, but not limited to, any warranties of performance, merchantability, fitness for a particular purpose, or title. You may have other statutory rights, but the duration of statutorily required warranties, if any, shall be limited to the shortest period permitted by law. Licensor shall not be liable for delays, interruptions, service failures and other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of Licensor. To the maximum extent permitted by law, Licensor does not make any representation, warranty or guarantee that: (a) the use of the Products will be secure, timely, uninterrupted or error-free; (b) the Products will operate in combination with any other hardware, software, system, or data; (c) the Products will meet your requirements or expectations; (d) any stored data will be accurate or reliable or that any stored data will not be lost or corrupted; (e) errors or defects will be corrected; or (f) the Products (or any server(s) that make a Hosted Service available) are free of viruses or other harmful components.
You agree to indemnify and hold Licensor and its subsidiaries, affiliates, officers, agents, and employees harmless from any claims by third parties, and any related damages, losses or costs (including reasonable attorney fees and costs), arising out of your use of "the add-on", your violation of these Terms of Use or the EULA, or your violation of any rights of a third party.
Except for the indemnification obligations, neither party will be liable to any person, with respect to any loss, damage, cost, expense or other claim, for any consequential (such as loss of income; loss of business profits or contracts; business interruption; loss of the use of money or anticipated savings; loss of information; loss of opportunity, goodwill or reputation; loss of, damage to or corruption of data), indirect, special, punitive or other damages in relation to the Products including, without limitation: (a) any use or reliance on a Product by the person (including the form and content of errors in and/or omissions from any information contained in the Products); (b) any delay, interruption or other failure in the provision of a Product; or (c) any change in the form or content of a Product. All the foregoing limitations shall apply even if Licensor has been informed of the possibility of such damages.
In no event will Licensor’s aggregate liability under any claims arising out of this EULA exceed the fees paid by you for the current Support Period, except where not permitted by applicable law, in which case Licensor’s liability shall be limited to the maximum extent allowed by such applicable law.
Except for each party’s indemnification obligations, neither party will be liable for lost profits or for special, indirect, incidental or consequential damages, regardless of the form of action, even if such party is advised of the possibility of such damages. The foregoing liability limitations shall apply to the maximum extent allowed by applicable law. To the extent the foregoing liability limitations or the warranty disclaimers are not allowed by applicable law, then the liability of Licensor, and the remedy of Licensee, shall be limited to: (i) the re-supply of any defective Product; or (ii) the refund of the license fees paid by you for the current Support Period for such defective Product.
These limitations will apply to you even if the remedies fail of their essential purpose.
You will use "the add-on" in compliance with all applicable laws. You do not acquire any ownership rights in the plugin as a result of installing or using "the add-on".
The Licensor may offer Support and Maintenance services for the Products where specified, during the period covered by the applicable fee you've paid. You are required to provide the Licensor with reasonable access to your materials, systems, personnel, or other resources, including instances of the Software, as reasonably necessary for the Licensor to provide Support and Maintenance. Failure to provide such access excuses the Licensor from providing Support and Maintenance until access is granted.
If any term of this EULA is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this EULA will remain in full force and effect.
The Atlassian Marketplace provides evaluation licenses for you to evaluate the usefulness and suitability of "the add-on" for your purposes. Licensor does not warrant or claim any suitability or fit for "the add-on" and encourages you to evaluate the plugin before purchasing. It is your responsibility to test/verify any new product and product upgrade prior to installing "the add-on" in a production environment. Users are encouraged to seek external professional advice, if needed, before committing to a purchase. Licensor relies on the Atlassian policies and tools for evaluation and purchase management.
Licensor reserves the right to update, modify, or amend ("Revise") this EULA periodically, including any referenced policies and other documents. If a revision significantly diminishes your rights, Licensor will make reasonable efforts to notify you, such as sending an email to the billing or technical contact designated in the applicable Order, posting on their blog, on Atlassian Marketplace (https://marketplace.atlassian.com), or within the then currently published product documentation.
If Licensor revises this EULA during your license or subscription term, the updated version will become effective upon your next renewal of a License Term, Support Services, Hosted Services, or Subscription Term, as applicable. In such cases, if you object to any revisions, your exclusive remedy is to choose not to renew, including canceling any terms set to auto-renew. For No-Charge Products, accepting the revised EULA is necessary for continued use. You may be required to click through the updated EULA to indicate your acceptance. If you disagree with the revised EULA after it takes effect, you will lose the right to use No-Charge Products. It is emphasized that any Order is subject to the version of the EULA in effect at the time of the Order. You are not authorized to revise this EULA without the written agreement of Licensor, which may be withheld at Licensor's complete discretion.