PLUGIN END-USER LICENSE AGREEMENT
PLEASE READ CAREFULLY BEFORE USING THE PLUGIN
This end-user license agreement (“EULA”) is a legal agreement between you (“End-user”, “License holder” or “you”) and Itransition Group Limited of 3rd Floor 5-8 Dysart Street, London, England, EC2A 2BX (“Itransition”, “Licensor”, “us” or “we”) for Web & Mobile Push Notifications for Jira (“Plugin”).
We license use of the Plugin to you on the basis of this EULA. By installing, copying, downloading the Plugin from Atlassian Marketplace or otherwise using it, you agree to the terms of this EULA which will bind you. If you do not agree to the terms of this license, we will not license the Plugin to you and you must stop installing, copying or downloading process or remove the Plugin from your device.
If you agree to this EULA on behalf of a company or other organisation, you represent that you have the authority to bind that company or organisation to this EULA, and the terms “End-user”, “License holder” and “you” refer to that company or organisation. If you do not have that authority, you may not install, copy, download or otherwise use the Plugin.
We grant you a perpetual, worldwide, non-exclusive, non-transferrable license, without right to sub-license, to install, copy, download or otherwise use the Plugin.
Acknowledgements
We do not sell the Plugin to you. We remain the owners of the Plugin at all times. You acknowledge that all intellectual property rights to the Plugin anywhere in the world belong to us or our licensors, that rights in the Plugin are licensed to you, and that you have no rights in, or to, the Plugin other than the right to use it in accordance with the terms of this EULA.
You acknowledge that you have no right to have access to the Plugin in source-code form.
This EULA applies to the Plugin, including any updates or supplements to it, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the Plugin, the terms of an open-source license may override some of the terms of this EULA.
You acknowledge the Plugin may contain software licensed by Licensor from third parties, including open source software, and embedded in the Plugin, and that in addition to the obligations of this EULA, additional obligations may apply in relation to any use of the third party software by you which is not in accordance with the use of the Plugin as permitted under the terms of this EULA. In such circumstances you must consult the relevant third party to acquire any necessary licenses and consents in relation to your use of the third party software.
Use Restrictions
You shall use the Plugin in compliance with all applicable laws and not for any unlawful purpose. You must not use the Plugin in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Plugin.
This Plugin contains copyrighted materials. Licensor’s name, logo and graphics file that represents the Plugin shall not be used in any way to promote any products. We retain sole and exclusive ownership of all rights, title and interest in and to the Plugin and all intellectual property rights relating thereto. All rights not expressly granted hereunder are reserved for Licensor.
You agree not to rent, lease, sub-license, loan, translate, merge, adapt, alter, vary or modify the whole or any party of the Plugin. You agree not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Plugin or attempt to do any such thing.
You agree to include our copyright notice on all entire and partial copies you make of the Plugin on any medium.
Beta Versions
We may offer you a time-limited, worldwide, non-exclusive, non-transferable, non-sublicensable limited license for certain products at no charge, including access to Beta Versions of the Plugin as defined below. Your use of Beta Versions is subject to any additional terms specified by us and is only permitted for the evaluation period designated by us. After the evaluation period is expired you must abide by the standard use rights, or must remove and delete all copies of the Plugin in your possession. You may not use Beta Versions for competitive analysis or similar purposes. Licensor may terminate your right to use Beta Versions at any time and for any reason in its sole discretion, without liability to you. You understand that any pre-release and beta products (“Beta Versions”) are still under development, may be inoperable or incomplete and are likely to contain more errors and bugs than generally available products. We make no promises that any Beta Versions will ever be made generally available. All information regarding the characteristics, features or performance of Beta Versions constitutes our confidential information. To the maximum extent permitted by applicable law, we disclaim all obligations or liabilities with respect to Beta Versions, including any support services, warranty, and indemnity obligations.
Warranties
You expressly acknowledge and agree that use of the Plugin is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
To the maximum extent permitted by applicable law, the Plugin is provided "as is" and “as available”, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the Plugin, either express, implied or statutory, including, but not limited to, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. We do not warrant against interference with your enjoyment of the Plugin, that the functions contained in the Plugin will meet your requirements, that the operation of the Plugin will be uninterrupted or error-free, or that defects in the Plugin will be corrected. No oral or written information or advice given by us or our authorised representative shall create a warranty.
Support and Maintenance
Any support and maintenance of the Plugin shall be provided by us on a best-effort basis for valid License holders. Our failure to provide support and maintenance will not entitle you to any remedies from us.
Support requests and/or requests for advice must be reported by emailing at atlassian@itransition.com or through messaging in the telegram group located at https://t.me/ItransitionAtlassianSupp
Data Security and Privacy
When we receive and/or process your support requests and/or requests for advice, some of your personal data might become available to us or might be asked for by us such as, but not limited to, your name, email address, IP address of a server, server’s location and user agent. This data is handled in accordance with all applicable laws and strictly to process your requests.
We have implemented privacy and security measures reasonably adequate to preserve your personal data from loss, misuse, unauthorized access, disclosure, alteration and destruction.
As we are a part of a multinational group of companies, we might subcontract some services related to the Plugin, including processing of the End-users requests, to our affiliated companies. For this reason, your personal data may be transferred outside the country where you are located. This includes countries outside the European Economic Area with no adequate level of personal data protection (third countries). As some of the countries where our affiliated companies are situated are not yet recognized by the European Commission as countries with an adequate level of personal data protection, these companies have access to personal data on the basis of instruments that cover the European Union requirements for the transfer of personal data to data controllers/processors outside the European Union (Standard Contractual Clauses approved by the European Commission). You may ask us to inspect copies of these clauses by contacting us at the email address stated below.
Limitation of Liability
You acknowledge that the Plugin has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Plugin meet your requirements.
You will indemnify, hold harmless and defend the Licensor against any and all claims, proceedings, demands and costs resulting from or in any way connected with your use of the Plugin. In no event (including, without limitation, in the event of negligence) will Licensor be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this EULA, the Plugin or the use or inability to use it or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Termination
You may terminate this license at any time by destroying all your copies of the Plugin.
Any failure to comply with the terms and conditions of this EULA will result in automatic and immediate termination of this license. On termination: (i) all rights granted to you under this EULA shall cease; (ii) you must immediately stop all activities authorized by this EULA, including the Plugin’s use; (iii) you must immediately delete or remove the Plugin, and immediately destroy all copies of the Plugin then in your possession, custody or control.
Governing Law
This EULA shall be governed by and construed in accordance with the English law. Licensor and End-user agree that the courts of England and Wales will have non-exclusive jurisdiction.
Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
Revisions of this EULA
We may update, modify or amend this EULA from time to time. We will use reasonable efforts to notify you about the changes.
You may not revise this EULA without Licensor’s written agreement.
Communication between us
For communication concerning this EULA, please contact us at atlassian@itransition.com