End User License Agreement

Effective: Jan 25, 2023

SUBJECT MATTER OF THE EULA

This end-user license agreement ("Agreement" or “EULA") is a legal contract between You and Appliger Sp. z o. o. (“Appliger”) with registered seat in Dietla 93/7 Street, 31-031, Kraków, Poland entered in the register of entrepreneurs kept by the District Court for Kraków-Śródmieście in Kraków, XI Commercial Division of the National Court Register under number: 0000941392 a legal owner of software applications specified herein, which governs Your use of Marketplace Products being: (i) a part of software distributed by Appliger via Atlassian Marketplace and installed either as a service on any of Atlassian Cloud products or (i) as an add-on for any self-hosted Atlassian Server or Data Center products, (iii) any support services offered by Appliger related to the above-mentioned products (“Marketplace Product”).

The Marketplace Product is licensed to You under this Agreement, not sold to You. Any rights not specifically and expressly granted to You in this Agreement are reserved for Appliger.

To use the Marketplace Product, You must have Internet access, whether directly or through devices that can access web-based content. You will also be responsible for any fees associated with Internet access and for providing all necessary equipment, including a computer and modem or another access device. Before accessing and/or installing this Marketplace Product please make sure that your computer meets the minimum technical specifications for its proper operation.

Some of the Marketplace Products, in particular, add-on software cannot be used independently and require access to the main software product and acceptance of the terms of service delivered by the provider of such main software product.

Marketplace Products are offered for commercial purposes and are not designed to be used by individual consumers for private non-commercial or non-professional use.

ACCEPTANCE OF EULA TERMS AND CONDITIONS

This EULA applies from the date when You receive the Marketplace Product from the Appliger or from another legitimate source. Read the terms and conditions of this Agreement carefully before installing, obtaining a license key or otherwise accessing and using Marketplace Product or support service accompanied by this Agreement.

If You don’t accept what You see here, do not install, or use Marketplace Products. By downloading or using any Marketplace Products You agree to use the Marketplace Products consistent with the terms of this EULA. The terms of any customer service agreement, purchase order, order, confirmation, or similar document provided by the customer will have no effect and will not be considered agreed to by Appliger.

When You are accepting this EULA on behalf of Your employer or another company or organization, You represent and warrant that You have full authority to act for and to bind that legal entity to this EULA; the terms “You” and “Your” will refer to that legal entity. If you do not have that authority or if you do not agree to these terms and conditions, do not access and use the Marketplace Product on behalf of such company or organization.

You warrant that all the information provided by You to Appliger to use the Marketplace Products is correct and current and that You have all the necessary right, power, and authority to enter these terms of service and to perform the required actions outlined in this Agreement.

EULA SCOPE AND GRANT OF LICENSE

The Marketplace Product is protected by copyright and other intellectual property laws and treaties. Unless otherwise expressly stated in this EULA, Appliger owns all title, copyright, and other intellectual property rights in the Marketplace Product.

If the Marketplace Product does not include a separate EULA that specifies Marketplace Product license rights, Appliger, under this EULA, grants you a limited, worldwide, non-exclusive, non-transferable, and non-sublicensable license to download and use the Marketplace Product only on hardware systems owned, leased or controlled by You, only for commercial purposes. (“License”). You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Marketplace Product and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, and any related documentation) are owned by Appliger.

License granted by Appliger under this EULA is granted subject to the condition that you act in line with EULA and you have paid all due license fees for using Marketplace Products.

You may not: (a) publish, copy (other than the permitted backup copy), rent, lease, or lend the Marketplace Products; transfer Marketplace Products, work around any technical restrictions or limitations in the software; reverse engineer, decompile, or disassemble the Marketplace Products, or attempt to do so, (b) distribute any derivative works from or sublicense any rights in the Marketplace Product, except and only to the extent that the foregoing restriction is (a) permitted by applicable law; (b) permitted by this EULA, (c) approved expressly in writing by Appliger in advance.

You may not remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings on or in the Marketplace Product. You are not granted any rights to any trademarks or service marks of the Appliger.

When using Marketplace Product Internet-based features you may not use those features in any way that could interfere with anyone else’s use of them, or to try to gain access to or use any service, data, account, or network, in an unauthorized manner.

The Marketplace Product includes license protection mechanisms that are designed to manage and protect the intellectual property rights of the Appliger and its third-party suppliers. You must not modify, alter, attempt to defeat or defeat such protection mechanisms or the use rules that the protection mechanisms are designed to enforce. Any such violation by you will result in the immediate termination of the License.

You must pay all fees by their due date notified to you and in the manner directed at the time of purchase of the License. Failure to pay the fees by the due date is tantamount to immediate termination of the Licenses granted under this EULA and requires no separate notification from Appliger.

The export of the Marketplace Product from the country of original purchase may be subject to control or restriction by applicable local law. You are responsible for determining the existence and application of any such law to any proposed export and for obtaining any needed authorization. You agree not to export the Marketplace Product from any country in violation of applicable legal restrictions on such export.

Any new features, enhancements or updates that are added to Marketplace Products, including the release of new tools and resources, will also be subject to this EULA and requires no separate notification from Appliger. By accepting this agreement, you agree to receive automatic features, enhancements or updates without any additional notice.

You understand and agree that the Marketplace Product may include certain communications from Appliger, such as service announcements and administrative messages, which are considered part of the Marketplace Products and You will not be able to quit receiving them.

You agree to only access the Marketplace Products through the interfaces provided by Appliger and Appliger will provide the Products in accordance with this EULA.

You agree to follow all local regulations regarding online conduct and Your data introduced by You to the Marketplace Products (“Your Data”).

You will not intentionally: (a) interfere with other customers’ access to, or use of, the Marketplace Products, or with its security; (b) facilitate the attack or disruption of the Marketplace product, including a denial-of-service attack, unauthorized access, penetration testing, crawling or distribution of malware (including viruses, trojan horses, worms, time bombs, spyware, adware and cancelbots); (c) cause an unusual spike or increase in Your use of the Marketplace Products that negatively affects operation of the Marketplace Products.

The EULA applies to the use of the Products whether You have paid for it, are using a trial version, or is a free version.

SUSPENSION OF MARKETPLACE PRODUCTS

If Appliger receives an information or takedown notice related to Your Data which indicates that facts or circumstances from which the illegal activity or illegality of Your data is apparent, Appliger, upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the infringing information or services according to Art. 14 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce').

You agree to defend and hold Appliger harmless, at Your expense, from any losses, liabilities, costs, or expenses (including attorneys’ fees) resulting from any action brought against Appliger by a third party, arising from or relating to any claim relating to Your Data, including but not limited to any claim brought by a third party alleging that Your Data, infringes or misappropriates the intellectual property rights of a third party or violates applicable law or other rights of any other person or entity.

EULA TERM AND TERMINATION

The term of your License is the term stated in the order of Marketplace products. Licensee acknowledges that the Marketplace Product contains license protection mechanisms that will limit the Marketplace Product functionalities or inoperativeness automatically when the license expires or is terminated.

Appliger may suspend or terminate this EULA with You or may terminate or suspend the Marketplace Products upon written or electronic notice with termination date indicated by the Appliger if You do not comply with this Agreement.

Appliger may suspend or terminate this EULA with You or may terminate or suspend the Marketplace Products with immediate effect upon electronic or written notice if You breach a material provision of this Agreement.

Immediately upon termination of a license granted under this EULA, you must at your own cost: (a) cease permitting access to and ensure that all authorized users immediately cease all use of the Marketplace Product and (b) remove all copies of the Marketplace Product from its computer systems.

In the event of suspension or termination, the Marketplace Products will be disabled, and You may not be able to access the software or any content, including Your Data, contained in the Marketplace Products.

You may terminate this EULA at any time, for any reason or no reason, but this does not release You from any obligations that may have already arisen (especially payment obligations).

Appliger reserves the right to modify or discontinue the Marketplace Products, temporarily or permanently upon electronic or written notice providing a due time for You to adapt to such modification or discontinuation.

DATA AND PRIVACY

Appliger is not responsible for any content or Data provided by third parties, including but not limited to, viruses or other disabling features, and does not have any obligation to monitor such third-party content.

Appliger does not claim ownership over any data submitted on or through the Marketplace Products, Your Data belongs to You. If You choose to share any of Your Data with other users of the Marketplace Products, You agree to allow these users to view Your Data and, to the extent applicable, collaborate with You and Your Data.

Appliger will access, process, and use data in connection with Your use of the Marketplace Products in accordance with applicable privacy and data protection laws for the purpose of performance of Appliger rights and obligations under this Agreement as well as enforcement of Appliger remedies available under this EULA or applicable law.

LIMITATION OF LIABILITY

Appliger does not warrant that the Marketplace Products are error-free or that they will operate without interruption, nor that the Appliger will repair any errors in the Products unless otherwise agreed. Appliger does not warrant that the Products will operate on all types of computers.

The Marketplace Products are provided on an "as is". Appliger, to the fullest extent permitted by law, disclaims all other representations, warranties, conditions, or other terms, either express or implied, including but not limited to implied warranties and/or conditions of merchantability, satisfactory quality, non-infringement of intellectual property rights and fitness for a particular purpose, regarding the Marketplace Product and each and every part thereof.

Appliger will not be liable for any special, incidental, indirect, exemplary, or consequential damages (lucrum cessans) arising from the use of or inability to use the Marketplace Products, or the provision of or failure to provide technical or another support service if any, whether arising in tort (including negligence), contract, or any other legal theory. This means that if You have any claims or issues related to this Agreement, the maximum liability that Appliger will be responsible for is limited to the amount that You have paid for the Products in the last 12 months. This will also be the exclusive remedy for any claims related to this Agreement.

Appliger disclaims all other warranties or guarantees, including any statutory warranty.

Appliger shall not be liable for any losses or damage of any kind resulting from the Marketplace Product or its use, including but not limited to loss of data, computer failure or malfunction, or resulting from other losses (including lost profits) or damage.

Appliger shall not be liable for delays, interruptions, service failures or other problems related to the use of the Internet and electronic communication or other systems.

The terms of this EULA are without prejudice to any terms and conditions governing your use of any third-party proprietary software product including without limitation any software or any open source software that may be incorporated into any separate plugins, delivery systems or other software programs.

The entire risk of use (including without limitation, (a) any damage to your computer hardware, data or software or (b) as a result of the failure to adhere to any precautions resides with You.

You will indemnify and hold harmless Appliger against all costs, expenses, losses and claims made against the Appliger as a result of any infringement of a third-party’s intellectual property rights arising from Yours or Yours authorized User’s unauthorized use of the Marketplace Product under this EULA.

If Appliger fails, at any time during the term of this EULA, to insist upon the strict performance of any of your obligations under this EULA, or if the Appliger fails to exercise any of the rights or remedies to which it is entitled under this EULA, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by the Appliger of any default shall not constitute a waiver of any subsequent default.

GOVERNING LAW AND JURISDICTION

The governing law for this EULA is Polish law. The provision of the Civil Code, the Copyright Act and other effective Polish laws shall be applicable in issues not governed by this EULA. The Parties shall make every effort to amicably resolve all disputes arising in connection with this EULA. All disputes that the Parties cannot amicably resolve shall be submitted for resolution to the state court competent for the geographical location of the registered office of the Appliger unless the case shall be adjudicated by the intellectual property court in Katowice.

If any provision of the EULA (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable and to give effect to the commercial intention of the parties.

FINAL PROVISIONS

This EULA represents the complete understanding and agreement between the parties regarding the subject matter of this EULA and supersedes all previous understandings and agreements between the parties regarding such subject matter.

This EULA does not intend or create any agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship between You and Appliger.

This EULA is written in English and this version shall be considered final and binding in all respects. Any non-English version of this EULA is for convenience only.

All rights and remedies of Appliger upon Your breach or other default under this EULA will be considered additional and not exclusive to any other right or remedy provided by this EULA or by law or equity on Appliger, and the exercise of any one remedy will not prevent the exercise of any other. The captions and headings in this Agreement are for reference only and will not be considered when interpreting this Agreement.

Appliger may change these EULA at any time, and will notify you of such changes by updating the last updated date. Using the Marketplace Products after the changes become effective means you agree to the new terms. If you do not agree to the new terms, you must stop using the Marketplace Product.

CONTACT INFORMATION

For communications concerning this EULA, please write to: contact@appliger.com

Issued and approved by Appliger Sp. z o.o. Cracow