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User Macro for Confluence Cloud / End-User License Agreement (EULA)

This End-User License Agreement ("EULA") is a legal agreement between the user (“you”, “your” “yours”) and Wombats Corp LLC (‘”Wombats Corp”, “we”, “us”, “our”).

This EULA governs your acquisition and use of our User Macro for Confluence Cloud software ("Software") directly from Atlassian Marketplace ("Reseller").

Please read this EULA carefully before completing the installation process and using the Software. It provides a license to use the Software and contains warranty information and liability disclaimers.

If you register for a free trial of the Software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the Software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA.

If you are entering into this EULA 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 EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.

This EULA agreement shall apply only to the Software supplied by Wombats Corp herewith regardless of whether other software is referred to or described herein. The terms also apply to any Wombats Corp’ updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

We may update this EULA from time to time. The updated version of this EULA will be valid for you from the date of the next payment/purchasing the Software. You may access the current version at any time at the link: https://bitbucket.org/wombatscorp/confluence-cloud-user-macro/wiki/End-User License Agreement (EULA). Your continued use of the Software thereafter serves as binding confirmation that you agree with such changes.

License Grant

Wombats Corp hereby grants you a personal, non-transferable, non-exclusive license to use the Software on your devices in accordance with the terms of this EULA. You are permitted to load the Software (for example a PC, laptop, mobile, or tablet) under your control. You are not permitted to:

  • 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 Software or attempt to do any such things
  • Reproduce, copy, distribute, resell, or otherwise use the Software for any commercial purpose
  • Allow any third party to use the Software on behalf of or for the benefit of any third party
  • Use the Software in any way that breaches any applicable local, national, or international law
  • Use the Software for any purpose that Wombats Corp considers is a breach of this EULA agreement

Intellectual Property and Ownership

Wombats Corp shall at all times retain ownership of the Software as originally installed by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Wombats Corp.

Wombats Corp reserves the right to grant licenses to use the Software to third parties.

Subject to this EULA, you grant to Wombats Corp a non-exclusive, non-transferable royalty-free license to use and reproduce your trademarks and trade names solely to place them on the Wombats Corp website as an example of our client database.

Termination

This EULA is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Wombats Corp.

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

Governing Law

This EULA, and any dispute arising out of or in connection with this EULA, shall be governed by and construed in accordance with the laws of Ukraine.

If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to this EULA then you agree to send a written notice to Wombats Corp providing a reasonable description of the dispute, along with a proposed resolution of it. Our notice to you will be sent based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section. Your notice to us must be sent to us at info@wombatscorp.com. For a period of 60 days from the date of receipt of notice from the other party, Wombats Corp and you will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or Wombats Corp to resolve the dispute on terms either you or Wombats Corp, in each of our sole discretion, are uncomfortable. Nothing in this Section will prevent a party from pursuing their claims in Court or another complaint process.

Indemnity

You agree to defend, indemnify, and hold Wombats Corp harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these EULA. We will provide notice to you of any such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT OR ANY OTHER LEGAL THEORY, IN EXCESS OF THE AMOUNT OF FIFTY DOLLARS ($50.00), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

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