Date: Thu, 28 Mar 2024 16:11:43 +0000 (UTC)
Message-ID: <1298729219.35.1711642303695@418c86214b03>
Subject: Exported From Confluence
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EULA
EULA
- Amovos s.r.o. (Company Number: 52 786 773), a Slovak company, wh=
ich is a wholly-owned subsidiary of Tempo Software Inc., a Del=
aware Corporation, having its principal place of business at 10 Mall Road, =
Suite 301, Burlington, MA 01803, USA (collectively referred to=
as the Publisher) is the licensor of the on-=
demand application and downloadable software application Custom Charts for =
Jira (the Marketplace Product) that interoper=
ate with applicable Atlassian Products (as defined in the Atlassian Marketplace Terms of Use).
- This Agreement is effective as of the date you first download th=
e Marketplace Product (the =E2=80=9CEffective Date=E2=80=9D). This Agreemen=
t does not have to be signed in order to be binding. You indicate your asse=
nt to this Agreement by downloading the Marketplace Product.
- The Publisher grants you a limited, worldwide, non-exclusive, no=
n-transferable and non-sublicensable license to download and use the Market=
place Product only on hardware systems owned, leased or controlled by you.<=
/span>
- Licenses granted by Publisher are granted subject to the conditi=
on that you must ensure the maximum number of Authorized Users that are abl=
e to access and use the Marketplace Product concurrently is equal to the nu=
mber of User Licenses for which the necessary fees have been paid to Atlass=
ian and/or its authorized partners. You may purchase additional User Licens=
es at any time on payment of the appropriate fees to Atlassian or an Atlass=
ian Expert. "User License" means a license gr=
anted under this EULA to you to permit an Authorized User to use the Market=
place Product. The number of User Licenses granted to you is dependent on t=
he fees paid by you. "Authorized User" means =
a person who accesses and uses a Marketplace Product under the EULA and for=
which the necessary fees have been paid to Atlassian and/or an Atlassian E=
xpert.
- Any information that Publisher collects from you or your device =
will be subject to the privacy notice, or similar terms that the Publisher =
provides to you. You agree that Publisher may collect and use technical dat=
a and related information, including without limitation, technical informat=
ion relating to your device, system, the Marketplace Product, that is gathe=
red periodically to facilitate the provision of software updates, product s=
upport, marketing efforts and other services to you related to the Marketpl=
ace Product. Publisher may use this information, as long as it is in a form=
that does not personally identify you, to improve its products or to provi=
de services or technology to you.
- You may not modify, reverse engineer, decompile or disassemble t=
he Marketplace Product in whole or in part, or create any derivative works =
from or sublicense any rights in the Marketplace Product, unless otherwise =
expressly authorized in writing by Publisher.
- The Marketplace Product is protected by copyright and other inte=
llectual property laws and treaties. The Publisher or its licensors own all=
title, copyright and other intellectual property rights in the Marketplace=
Product, and the Marketplace Product is licensed to you directly by the Pu=
blisher, not sold.
- You will defend, indemnify and hold harmless the Publisher from =
and against any and all claims, costs, damages, losses, liabilities and exp=
enses (including reasonable attorneys=E2=80=99 fees and costs) resulting fr=
om any claim arising from or related to any claims or disputes brought by y=
our End Users arising out of their use of the Marketplace Product. This ind=
emnification obligation is subject to you receiving (a) prompt written noti=
ce of such claim (but in any event notice in sufficient time for you to res=
pond without prejudice); (b) the exclusive right to control and direct the =
investigation, defense or settlement of such claim and (c) all reasonable n=
ecessary cooperation by us at your expense.
- We warrant, for your benefit only, that we use commercially reas=
onable efforts to prevent the introduction of viruses, Trojan horses or sim=
ilar harmful materials into the Marketplace Product. THE MARKETPLACE PRODUC=
T, SUPPORT AND ADDITIONAL SERVICES ARE PROVIDED =E2=80=9CAS IS,=E2=80=9D AN=
D THE PUBLISHER EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIO=
NS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS =
FOR A PARTICULAR PURPOSE, FUNCTIONALITY OR MERCHANTABILITY, WHETHER EXPRESS=
, IMPLIED OR STATUTORY. WITHOUT LIMITING OUR EXPRESS OBLIGATIONS IN THIS AG=
REEMENT, WE DO NOT WARRANT THAT YOUR USE OF THE MARKETPLACE PRODUCT WILL BE=
UNINTERRUPTED OR ERROR-FREE, THAT WE WILL REVIEW YOUR DATA FOR ACCURACY OR=
THAT WE WILL PRESERVE OR MAINTAIN YOUR DATA WITHOUT LOSS. YOU UNDERSTAND T=
HAT USE OF THE MARKETPLACE PRODUCT NECESSARILY INVOLVES TRANSMISSION OF YOU=
R DATA OVER NETWORKS THAT THE PUBLISHER DO NOT OWN, OPERATE OR CONTROL, AND=
WE ARE NOT RESPONSIBLE FOR ANY OF YOUR DATA LOST, ALTERED, INTERCEPTED OR =
STORED ACROSS SUCH NETWORKS. THE PUBLISHER WILL NOT BE LIABLE FOR DELAYS, I=
NTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INT=
ERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE=
CONTROL.
- The Publisher has the right to use Your name for commercial purp=
oses and/or to include your name and/or logos in the Publishers clients lis=
t. The Publisher will stop using Your name and/or logos upon request.
- The Publisher may modify this Agreement from time to time by pos=
ting the modified EULA on the Atlassian Marketplace.
- This Agreement is effective from 4th January 2024
- For communications concerning this Agreement, please write to legal@tempo.io
Amovos s.r.o.=C2=A9 2024
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