Atlassian Apps EULA | BOOTIQ

BOOTIQ s.r.o. Atlassian Apps – End User License Agreement (EULA)

Software products provided by BOOTIQ s.r.o. (BOOTIQ) are proprietary software applications. Your use of these software products is subject to the terms and conditions described in this End User License Agreement (EULA). Please note, you are also responsible for periodically reviewing this EULA, as it may be updated from time to time. You understand and accept that further use of BOOTIQ software products, should this EULA be updated, is subject to your acceptance of the revised Agreement.

License

BOOTIQ grants you a non-transferable, non-sublicensable, non-exclusive license, revocable at BOOTIQ discretion. Licensee agrees not to (a) decompile, reverse engineer, disassemble, modify, adapt, create derivative works from, or otherwise attempt to derive, any part of or the whole of the Software. This Agreement allows you to run the Software only as received at the time of download, in a single installation of an Atlassian Product, for the number of authorized users and nodes.

Fees

The Licensee must pay all Fees by the due date and in the manner directed at the time of Purchase of the Software. Failure to pay Fees by the due date will result in the immediate termination of the licenses granted under this EULA. BOOTIQ may in its sole discretion provide evaluation copies of the Software for customers to assess the Software, which may not have full functionality. If the Software is only provided for evaluation purposes, the rights of the Licensee are limited to this evaluation license which permits the Licensee to download, install, use and operate the Software for a limited period (“Evaluation Period”) and be accessed by a limited number of temporary users only, as determined by BOOTIQ (“Evaluation License”). On the expiry of the Evaluation Period the Software will cease to function and the Licensee must remove and delete all copies of the Software in its possession.

Intellectual Property

Licensor retains all rights, title and interest in and to the Software (other than Embedded Software), as well as all intellectual property rights (such as copyright, patent and trademark) in and to the Software not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. The Licensee does not acquire any rights of ownership in the Software hereunder.

Exclusion of Warranties

To the maximum extent permitted by applicable law in the jurisdiction in which the Software or any Supplementary Software is supplied or Maintenance is provided, BOOTIQ and its third party suppliers provide the Software and any Maintenance AS IS AND WITH ALL FAULTS, and except otherwise expressly contained in the EULA, hereby disclaim all other warranties and conditions, whether express, implied or statutory. The Licensee may have remedies against Licensor imposed by law or statute that cannot be excluded by Licensor and its third party suppliers. To the extent the Licensee has such legal remedies against Licensor or its third party suppliers then to the fullest extent permitted by law Licensor and its third party suppliers' liability are limited (a) at Licensor's option, to:

(i) in the case of the Software: 1) repairing or replacing the Software; or 2) the cost of such repair or replacement; and

(ii) in the case of Maintenance; 1) resupply of the Maintenance; or 2) the cost of having the Maintenance supplied again; or (b) if the limitation set forth in this Clause is not applicable, then Licensor's maximum liability shall be equal to the amount actually paid by the Licensee for the Software.

Limitation of Liability for other Losses

To the maximum extent permitted by applicable law, in no event shall BOOTIQ or its third party suppliers be liable for any 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; special; incidental; punitive; indirect; or consequential damages whatsoever arising out of or in any way related to the use of or inability to use the Software; the provision of or failure to provide Maintenance or other services; information; software; and related content through the Software or otherwise arising out of the use of the Software; or otherwise under or in connection with any provision of this EULA, even in the event of the fault; tort (including negligence); misrepresentation; strict liability; breach of contract; or breach of warranty of any third party supplier, (including any such liability for the acts or omissions of its employees, agents and subcontractors); and even if BOOTIQ or any third party supplier has been advised of the possibility of such damages. Licensor shall not be liable to the Licensee where faults arise from the possession, use, development, modification or maintenance of the Software (or any part thereof) by the Licensee other than in accordance with this EULA, if the infringement would have been otherwise avoided; misuse, incorrect use of or damage to the Software from whatever cause; any breach of the Licensee's obligations under this EULA; any modification not authorized by Licensor resulting in a departure from this EULA; any operator error on the part of the Licensee.

Termination

This Agreement shall continue until terminated as set forth in this section. You may terminate this Agreement at any time. Your rights under this Agreement will terminate automatically and irrevocably without notice from BOOTIQ if you fail to comply with any term of this Agreement, including any attempt to transfer a copy of the Software or Software license key (if any) to another party except as provided in this Agreement. Upon termination for any reason, the Agreement granted hereunder shall terminate and the Licensee shall immediately discontinue all use of the Software and destroy and remove from all computers, hard drives, networks and other storage media all copies of the Software, but the terms of this Agreement will otherwise remain in effect.

No Partnership

Nothing in the EULA is intended to, or shall be deemed to, establish any agency, partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorize any party to make or enter into any commitments for or on behalf of any other party.

30.3.2019