EULA - End-User License Agreement
End User License Agreement (“Agreement”)
EULA - End-User License Agreement of DevOpsSystems GmbH, Birkenstr. 24, 66450 Kleinottweiler
Please read this End User License Agreement carefully before clicking the “I Agree” button, downloading or using the application.
By clicking the “I Agree” button, downloading or using the application, you agree to be bound by the terms of this agreement.
NOTE:
This is a Eula for “Third Party Apps” referenced in the Atlassian Marketplace Terms of Use. You can find the Atlassian Marketplace Terms of Use at https://www.atlassian.com/licensing/marketplace/termsofuse.
License
DevOpsSystems GmbH grants you a non-exclusive, non-transferable and non-sublicensable license to download, install and use the Application strictly in accordance with the terms of this Agreement. The licensee is prohibited from decompiling, disassembling or reverse engineering the software unless DevOpsSystems GmbH has expressly approved this in writing. The licensee understands that the number of authorized users must be equal to or greater than the number of authorized users of the applicable Atlassian application.
Restrictions
You agree not to, and you will not permit others to remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of DevOpsSystems GmbH or its affiliates, partners, suppliers or the licensors of the Application.
Intellectual Property
The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of DevOpsSystems GmbH.
Your Suggestions
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to DevOpsSystems GmbH with respect to the Application shall remain the sole and exclusive property of DevOpsSystems GmbH.
DevOpsSystems GmbH shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Modifications to Application
DevOpsSystems GmbH reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Updates to Application
DevOpsSystems GmbH may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the Application. You agree that DevOpsSystems GmbH has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
Third-Party Services
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that DevOpsSystems GmbH shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. DevOpsSystems GmbH does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Indemnification
You agree to indemnify and hold DevOpsSystems GmbH and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
Warranty
We guarantee that the software will have the agreed quality during the license period. If the customer reports a defect, we will analyze this defect and, if necessary, correct it as quickly as possible and make it available defect-free. In analyzing the defect, we are dependent on the support of the customer. The customer shall support us in the analysis of the defect, in particular describe the occurring problems in concrete terms, inform us comprehensively and give us the necessary time and opportunity to remedy the notified defects.
Liability
DevOpsSystems GmbH is liable without limitation for damages caused by DevOpsSystems GmbH or its legal representative, executive employees or simple vicarious agents intentionally or due to gross negligence.
In the event of a breach of a material contractual main obligation (obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner relies and may also rely), which is attributable to slight negligence, the liability of DevOpsSystems GmbH is limited to the typically foreseeable damage. This also applies to slightly negligent breaches of duty by the legal representatives, executive employees or simple vicarious agents of DevOpsSystems GmbH.
DevOpsSystems GmbH is not liable in cases of slightly negligent violation of only insignificant contractual obligations.
The above limitation of liability does not apply in the event of fraudulent intent, in the event of bodily injury or personal injury, for the breach of guarantees or for claims arising from product liability.
DevOpsSystems GmbH is not liable for damage that can be traced back to unsuitable, improper or non-intended use of the software.
Severability
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.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
Amendments to this Agreement
DevOpsSystems GmbH reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
Governing Law
The laws of Saarland, Germany, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
Jurisdiction agreement
The registered office of DevOpsSystems GmbH is agreed as the exclusive place of jurisdiction for merchants, legal entities under public law or special funds under public law.
Marketing
You hereby grant DevOpsSystems GmbH the right to use your trade name and your corporate logo in connection with DevOpsSystems GmbH website, in promotional materials and to identify you as a customer of DevOpsSystems GmbH, and agree that DevOpsSystems GmbH may announce this deal in a press release.
Contact Information
If you have any questions about this Agreement, please contact us.
Entire Agreement
The Agreement constitutes the entire agreement between you and DevOpsSystems GmbH regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and DevOpsSystems GmbH.
You may be subject to additional terms and conditions that apply when you use or purchase other DevOpsSystems GmbH's services, which DevOpsSystems GmbH will provide to you at the time of such use or purchase.