Last updated: 30.03.2019
This End-User License Agreement (“Agreement”) is a legal agreement between You (acting on Your own or on behalf of a legal entity) and Devexperts LLC, incorporated under the laws of Isle of Man (“Devexperts”, “We”), regarding Your usage of Plug-ins provided by Devexperts (“Plug-in”). Please read carefully this Agreement before clicking the “Accept” or similar button, downloading or using Plug-in. By clicking the “Accept” or similar button, downloading or using the Plug-in, You agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not click on the “Accept” or similar button and do not download or use the Plug-in.
Devexperts grants You a worldwide, revocable, non-exclusive, non-transferable, non-sublicensable, free of charge, limited license to download, install and run the Plug-in solely through the Atlassian systems strictly in accordance with the terms of this Agreement. The License is granted for the term of this Agreement.
You agree not to (and will ensure that Your agents, employees, contractors and customers shall not):
- decompile or disassemble the Plug-in, separate the Plug-in into parts, or in any way attempt to reverse engineer, reconstruct or discover any source code or algorithms of the Plug-in by any means whatsoever;
- remove any product identification trademark, Devexperts logo, name, copyright, confidentiality, proprietary or other notice contained on or within the Plug-in;
- sell, loan, assign, convey, rent, sublicense or otherwise transfer the Plug-in;
- integrate the Plug-in with any other software except for Atlassian environment;
- translate, modify or create any derivative works from the Plug-in;
- otherwise copy or use the Plug-in for any purpose or in any manner not expressly permitted in this Agreement;
- publish or otherwise make available to any third party or employees any benchmark testing information or results related to Plug-in without prior written consent of Devexperts;
- knowingly permit or encourage any third party to do any of the foregoing.
Devexperts may, but has no obligation to, from time to time update the Plug-in. Downloading of an updated version of Plug-in is solely Your choice. From Our side We will supplement each version of Plug-in with the corresponding end-user license agreement. This Agreement does not govern Your usage and downloading of any other version of Plug-in. You also acknowledge that Devexperts has no obligation under this Agreement to furnish technical support for the Plug-in.
Intellectual Property Notices
The Plug-in and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of Devexperts. Devexperts reserves all rights in and to the Plug-in. You shall be allowed to use the Plug-in only within the scope of rights expressly granted to You in this Agreement.
DISCLAIMER OF WARRANTIES AND LIABILITY LIMITATIONS
Each Party represents and warrants that it has the right and authority to enter into this Agreement, and that by entering into this Agreement, it will not violate, conflict with or cause a material default under any other contract, agreement, indenture, decree, judgment, undertaking, conveyance, lien or encumbrance to which it is a party or by which it or any of its property is or may become subject or bound.
TO THE EXTENT NOT PROHIBITED BY LAW, THE ABOVEMENTIONED WARRANTIES ARE EXCLUSIVE FROM DEVEXPERTS’S SIDE. DEVEXPERTS PROVIDES THE PLUG-IN ON “AS IS” BASIS. DEVEXPERTS DOES NOT GUARANTEE THAT PLUG-IN WILL BE ERROR-FREE OR WORK WITH NO INTERRUPTIONS, OR THAT DEVEXPERTS WILL CORRECT ALL PLUG-IN ERRORS. YOU ACKNOWLEDGE THAT DEVEXPERTS DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. DEVEXPERTS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. DEVEXPERTS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
IN NO EVENT SHALL DEVEXPERTS, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND CONSULTANTS, AS WELL AS THIRD PARTY PROVIDERS AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, CONSULTANTS AND LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION AND THE LIKE) WHETHER OR NOT DEVEXPERTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, BY REASON OF ANY ACT OR OMISSION IN ITS PERFORMANCE UNDER THIS AGREEMENT
You shall indemnify and hold Devexperts, its owners, officers, directors, employees, affiliates and consultants harmless from and against all and any loss, liability, damage, claim, cost and expense (including without limitation attorneys’ fees and reasonable legal expenses) (“Losses”) whether or not involving a third party claim, which arise out of or in relation to any Your misuse of the Plug-in or use in breach of the Agreement.
Devexperts warrants and represents that Plug-in does not infringe any patent or copyright of a third party and shall indemnify and hold You harmless from any Losses to the extent arising out of or in connection with any claim that the Plug-in, when used in accordance with this Agreement, infringe any Intellectual Property Rights of any third party. In no event shall the liability of Devexperts exceed $1000 (one thousand USD) under this Agreement.
Term and Termination
This Agreement shall remain in effect until terminated by You or Devexperts. Upon termination of this Agreement, You shall cease all use of the Plug-in and delete all copies of the Plug-in from Your server.
Devexperts reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Plug-in (or any part thereof) with or without notice. Devexperts shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Plug-in. This Agreement will be terminated immediately, without prior notice from Devexperts, in the event that You fail to comply with any provision of this Agreement.
You may also terminate this Agreement by deleting the Plug-in and all copies thereof from Your server.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Devexperts reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If We change this Agreement, We will notify You of the changes by updating the effective date at the top of this Agreement.
This Agreement constitutes the entire agreement between You and Devexperts and governs Your use of the Plug-in, superseding any prior agreements between You and Devexperts (including, but not limited to, any prior versions of the Agreement).
You agree that this Agreement and Your use of Plug-in are governed under English law and any dispute related to the Plug-in must be brought in the courts of England.
Please send any questions about this Agreement to firstname.lastname@example.org.