End User License Agreement

Introduction

This End-User License Agreement “EULA” is a legal agreement between you and Holger Schimanski. This agreement governs your acquisition and use of Apps provided by Holger Schimanski as vendor on the Atlassian Marketplace. Please read this agreement carefully before completing the installation process and using the Apps. It provides a license to use the Apps and contains warranty information and liability disclaimers.

If you register for a free trial of one or more of the Apps, this agreement will also govern that trial. By clicking “accept” or installing and/or using the App, you are confirming your acceptance of the software and agreeing to become bound by the terms of this agreement.

If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this agreement, do not install or use the software, and you must not accept this agreement.

This agreement shall apply only to the Apps by Holger Schimanski herewith regardless of whether another software is referred to or described herein. The terms also apply to any updates, supplements, and support services for the Apps, unless other terms accompany those items on delivery. If so, those terms apply.

Definitions

“Apps” or “Software Product” refers to all software products to be licensed and includes any software product updates provided by Holger Schimanski to the Licensee periodically.

“Authorized Use” refers to the installation of one or more apps on a physical server of Licensee's choosing or installation in an Atlassian Cloud instance and the use of the Apps by Authorized Users for the Licensee’s internal business purposes in accordance with the terms of this agreement.

“Authorized User” refers to named user that accesses and uses the apps under this agreement. The number of Authorized Users may not exceed the number of users purchased by Licensee on the Atlassian Marketplace.

“Deployment System” or “Test system” means a separate instance used solely for deployment or testing.

“Licensee” means the person, company, organization or other entity on whose behalf you are ordering one or more of the Apps and entering into this EULA.

“License Fee” means the total amount paid and payable to Holger Schimanski by the Licensee for the license and use of the Apps.

“License Term” means the term of each Apps license. The term will be specified in your Order.

License Grant

Subject to the terms of this agreement, Holger Schimanski hereby grants to the Licensee a personal, non-transferable, non-exclusive license to use the Apps for Authorized Use.

The Licensee is permitted to install the apps as part of in installation of an Atlassian application like Jira or Confluence under Licensees control or in an Atlassian Cloud instance. The licensee is responsible for ensuring that the Atlassian applications are compatible with the App software product Licensee is installing. The licensee is also permitted to install the software on a Deployment and Test System.

The licensee is not permitted to

1. Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the software nor permit the whole or any part of the software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Apps or attempt to do any such things.
2. Reproduce, copy, distribute, resell or otherwise use the Apps for any commercial purpose
3. Allow any third party to use the Apps on behalf of or for the benefit of any third party
4. Use the Apps in any way which breaches any applicable local, national or international law
5. Use the Apps for any purpose that Holger Schimanski considers is a breach of this EULA.

Intellectual Property and Ownership

Holger Schimanski shall at all times retain ownership of the Apps as originally downloaded by Licensee and all subsequent downloads of the App by Licensee. The App and the copyright, and other intellectual property rights of whatever nature in the App, including any modifications made thereto are and shall remain the property of Holger Schimanski. The Apps are made available on a limited license or access basis, and no ownership right is conveyed to Licensee, irrespective of the use of terms such as “purchase” or “sale”. Holger Schimanski has and retains all rights, titles, and interests, including all intellectual property rights, in and to the Apps, their look and feel, any and all related or underlying technology, and any modifications or derivatives. Holger Schimanski reserves the right to grant licenses to use the Apps to third parties.

Warranty Disclaimer

To the extent permitted by law, and subject to implied terms, the Licensee acknowledges and agrees that

1. Holger Schimanski gives no guarantee and makes no representation as to the correctness or completeness of the Product.
2. the Apps are provided on an as-is basis without warranty, express or implied, of any kind or nature, including, but not limited to, any warranties of performance or fitness for a particular purpose.

Holger Schimanski shall not be liable for service failures, delays, interruptions and/or other problems inherent in the use of IT systems outside the reasonable control of Holger Schimanski to the maximum extent permitted by law. Holger Schimanski does not make any representation, warranty or guarantee as to the quality, reliability, suitability, performance, availability, completeness or accuracy of any Apps or that

1. the Apps will operate in combination with other hard- or software systems, or
2. the use of Apps will be uninterrupted, secure or free of errors, or
3. stored or presented data will be accurate and reliable, or
4. errors or defects will be corrected on a schedule not controlled by Holger Schimanski, or
5. that any Apps available as a hosted service are free of viruses or other harmful components.

Exclusion of Liability

To the extent permitted by law, and subject to implied terms, Holger Schimanski will not be liable to any person for any loss, damage, cost, expense or other claim including, without limitation, consequential damages and loss of profits in relation to the Apps including, without limitation, arising from or relating to

1. any use or reliance on the Apps by the person;
2. any errors in and/or omissions from the Apps and/or any information contained in Apps or
3. any delay, interruption or other failure in the use or operation of the Apps.

Implied Terms

If any law implies in this agreement any term, condition or warranty which cannot be excluded or limited, then to the extent permitted by law, the liability of Holger Schimanski for breach of any such term, condition or warranty is limited to

1. in the case of products, at Holger Schimanski
   1. the re-supply of the goods, or of equivalent goods; or
   2. the payment of the cost of having the goods supplied again; and
2. in the case of services, at Holger Schimanski option
   1. the re-supply of the services; or
   2. the payment of the cost of having the services supplied again.

Termination

This agreement is effective from the date you first use the Apps and shall continue until terminated. You may terminate it at any time by uninstalling the Apps.

It will also terminate immediately if you fail to comply with any term of this agreement. Upon such termination, the licenses granted by this agreement will immediately terminate and you agree to stop all access and use of the Software Product. The provisions that by their nature continue and survive will survive any termination of this agreement.

Changes to this Agreement

Holger Schimanski may update or modify this agreement periodically, including any referenced policies and other documents. If a revision meaningfully reduces your rights, we will use reasonable efforts to notify you by, for example, sending an email to the technical contact you designate in the applicable order. If we modify the agreement during your License Term or Subscription Term, the modified version will be effective upon your next renewal of a License Term, Support and Maintenance term, or Subscription Term, as applicable. In this case, if you object to the updated agreement, as your exclusive remedy, you may choose not to renew, including canceling any terms set to auto-renew. For the avoidance of doubt, any Order is subject to the version of the agreement in effect at the time of the Order.

Orders

Atlassian’s Marketplace Product Ordering documentation or purchase flow (“Order”) will specify your authorized scope of use for the Apps, which may include: a) number and type of Authorized Users, b) storage or capacity for Hosted Services, c) numbers of licenses, copies or instances of the Software Product, or d) other restrictions or billable units as applicable.

The term “Order” also includes any applicable Product or Support and Maintenance renewal, or purchases you make to increase or upgrade your Scope of Use.

This Agreement applies whether you purchase the Apps directly from the Atlassian Marketplace or through Atlassian “Partners” or other authorized resellers (each, a “Reseller”) from the Atlassian Marketplace. If you purchase through a Reseller, your Scope of Use shall be as stated in the Order placed by Reseller for you, and Reseller is responsible for the accuracy of any such Order. Resellers are not authorized to make any promises or commitments on behalf of Holger Schimanski, and we are not bound by any obligations to you other than what we specify in this agreement.

Communication and Marketing

We may use your contact information to send certain communications via email, including responses to your comments, questions, and requests, providing customer support, and sending you technical notices, updates, security alerts, and administrative messages. We also communicate with you about new product offers or promotions. You can control whether you receive these communications by opting-out whenever you receive a communication from Holger Schimanski.

If you are an individual in the European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable EU laws. The legal bases depend on the Services you use and how you use them. This means we collect and use your information only where: a) we need it to provide you with services pertaining to the Software Product; b) it satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote the Software Product and to protect our legal rights and interests; c) you give us consent to do so for a specific purpose; or d) we need to process your data to comply with a legal obligation.

If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information because we or a third party like your employer have a legitimate interest to do so, you have the right to object to that use, though, in some cases, this may mean no longer using the Software Products.

Taxes

Payments made by the Licensee under this agreement exclude any taxes or duties payable in respect to the goods or services supplied in the jurisdiction where the payment is either made or received. To the extent that any such taxes or duties are payable by Holger Schimanski, the Licensee must pay to Holger Schimanski the amount of such taxes or duties in addition to the License Fee under this agreement.

Applicable Law, Legal Venue, and Severability

This agreement shall be governed exclusively by German law without giving effect to the principles of Germany relating to conflicts of laws. Legal venue for both parties shall be the registered office of Holger Schimanski.

If any provision of this agreement is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction be ineffective to the extent of the prohibition, invalidity or enforcement without invalidating the remaining provisions of this agreement or affecting the validity or enforcement of that provision in any other jurisdiction.