Oleksandr Matiukhin(Owner) grants you a limited, worldwide, non-exclusive, non-transferable and non-sublicensable User License.
User Licenses granted by Owner are granted subject to the condition that you must ensure the maximum number of Authorized Users that are able to access and use the Application concurrently is equal to the number of User Licenses for which the necessary fees have been paid to Atlassian and/or its authorized partners (each, an "Atlassian Solution Partner"). You may purchase additional User Licenses at any time on payment of the appropriate fees to Atlassian or an Atlassian Solution Partner.
"User License" means a license granted under this EULA to you to permit an Authorized User to use the Application. The number of User Licenses granted to you is dependent on the fees paid by you.
"Authorized User" means a person who accesses and uses the Application under the EULA and for which the necessary fees have been paid to Atlassian and/or an Atlassian Solution Partner.
You may not modify, reverse engineer, decompile or disassemble the Application in whole or in part, or create any derivative works from or sublicense any rights in the Application, unless otherwise expressly authorized in writing by Owner.
The Application is protected by copyright and other intellectual property laws and treaties. Unless otherwise expressly stated, Owner or its licensors own all title, copyright, and other intellectual property rights in the Application, and the Application is licensed to you directly by Owner, not sold.
1. Types of Products
This agreement governs Owner’s commercially available software products including Server Products, Data Center Products and Cloud-based Products, any related support or maintenance services, and documentation provided by Owner.
2. Access to Cloud-based Products
Access to Cloud-based Products are provided on a subscription basis for a set term specified in your Atlassian Marketplace order ("Subscription Term"). Subject to the terms and conditions of this agreement, Owner may grant you a non-exclusive right to access to use the Cloud-based Products during the applicable Subscription Term. You acknowledge that Cloud-based Products are on-line, subscription-based products and that Owner may make changes to the Cloud-based Products from time to time.
The supply of Cloud-based Products relies on Cloud-based Services, supplied by third parties including third party infrastructure and services or products provided by Atlassian. It is possible that the Cloud-based Services are unavailable due to maintenance or other development activity started either by Owner or any third party involved in providing the Cloud-based Services.
Owner does not provide any guarantee on uptime and availability of the Cloud-based Products. Where possible, Owner will provide notice to you of any maintenance or development activity in advance.
3.1 Your Data.
"Your Data" means any data, content, code, video, images or other materials of any type that you upload, submit or otherwise transmit to or through Cloud-based Services in order to use Owner's Cloud-based Products. You must ensure that your use of all Your Data is at all times compliant with all applicable local, state, federal and international laws and regulations. You will retain all right, title and interest in and to Your Data. Owner may access your account or instance in order to respond to your support requests.
3.2 Security of Your Data.
You understand that use of the Cloud-based Products necessarily involves transmission of Your Data over networks that are not owned, operated or controlled by Owner, and Owner is not responsible for any of Your Data lost, altered, intercepted or stored across such networks. Owner cannot guarantee that its security procedures will be error-free, that transmissions of Your Data will always be secure or that unauthorized third parties will never be able to defeat Owner's security measures or those of the third party service providers.
3.3 Deletion at End of Subscription Term.
Owner may remove or delete Your Data within a reasonable period of time after the termination of your Subscription Term.
4. Support and Maintenance
Owner will provide the support and maintenance services for the Products during the period for which you have paid the applicable fee.
5. Warranty Disclaimer
All products are provided "as is", and Owner and its suppliers expressly disclaim any and all warranties and representations of any kind. Owner 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 Owner.
6. Limitation of Liability
Neither party (nor its suppliers) shall be liable for any loss of use, lost or inaccurate data, failure of security mechanisms, interruption of business, costs of delay or any indirect, special, incidental, reliance or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, even if informed of the possibility of such damages in advance. Neither party’s aggregate liability to the other shall exceed the amount actually paid by you to Owner for products and support and maintenance in the 12 months immediately preceding the claim. to the maximum extent permitted by law, no suppliers of any third party components included in the products will be liable to you for any damages whatsoever.
7. Publicity Rights
Owner may identify you as a customer in promotional materials. You may request that Owner stop doing so by submitting an email to firstname.lastname@example.org at any time. Please note that it may take Owner up to 30 days to process your request.
8. Changes to this Agreement
Owner may update or modify this Agreement from time to time, including any referenced policies and other documents. If Owner modify the Agreement during your License Term or Subscription Term, the modified version will be effective upon your next renewal of a License Term, Support and Maintenance term, or Subscription Term, as applicable. In this case, if you object to the updated Agreement, as your exclusive remedy, you may choose not to renew, including cancelling any terms set to auto-renew.