END USER LICENSE AGREEMENT
Copyright (c) 2019 Schulte Development
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
0. Affected software
- View Checkstyle/Codesniffer
- View PMD/PHPMD (mess detector)
- View FindBugs
- View CPD (copy/paste detector)
- PHP basic metrics bundle
- Java basic metrics bundle
This products are being related to as "Bamboo app" in this license.
By receiving, opening the file package, and/or using Bamboo app("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Schulte Development your use of Bamboo app indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Schulte Development grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Bamboo app in accordance with this Agreement and any other written agreement with Schulte Development. Schulte Development does not transfer the title of Bamboo app to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Schulte Development and the purchasers or users of Bamboo app.
If you do not agree to be bound by this agreement, remove Bamboo app from your computer now and, if applicable, promptly return to Schulte Development by mail any copies of Bamboo app and related documentation and packaging in your possession.
Bamboo app and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Bamboo app contact Schulte Development.
3. USER AGREEMENT
Your license to use Bamboo app is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Bamboo app.
3.2 Use Restrictions
You shall use Bamboo app in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Bamboo app together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of Bamboo app may be used as intended in your Bamboo-instance(s) by your purchase at Atlassian© marketplace.
You may make one copy of Bamboo app for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Bamboo app . The assignment, sublicense, networking, sale, or distribution of copies of Bamboo app are strictly forbidden without the prior written consent of Schulte Development. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Bamboo app. If any person other than yourself uses Bamboo app registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Bamboo app. Nor can you create any derivative works or other works that are based upon or derived from Bamboo app in whole or in part.
Schulte Development's name, logo and graphics file that represents Bamboo app shall not be used in any way to promote products developed with Bamboo app . Schulte Development retains sole and exclusive ownership of all right, title and interest in and to Bamboo app and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Bamboo app, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Schulte Development.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Schulte Development, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Schulte Development's Software.
In no event (including, without limitation, in the event of negligence) will Schulte Development, its employees, agents or distributors 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 Agreement, Bamboo app or the use or inability to use Bamboo app or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Schulte Development's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Schulte Development ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Schulte Development.
Except as expressly stated in writing, Schulte Development makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the Germany applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Germany therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Bamboo app and destroy all copies of Bamboo app supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Bamboo app AS WELL.
5. CONSENT OF USE OF DATA
You agree that Schulte Development may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Bamboo app. Schulte Development may also use this information to provide notices to you which may be of use or interest to you.