Cloud Software Product EULA

END-USER LICENSE AGREEMENT FOR THE PLUGIN PEOPLE CLOUD SOFTWARE PRODUCTS/SERVICES. IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: The Plugin People Ltd's End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and The Plugin People Ltd. for the The Plugin People Ltd software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and The Plugin People Ltd, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1. Grant of license

The SOFTWARE PRODUCT is licensed as follows:

(a) Installation and Use

The Plugin People Ltd grants you the non-exclusive and non-transferable right to install and use one copy of the SOFTWARE PRODUCT on one Production instance of a host Atlassian product.

2. Description of other rights and limitations

(a) Maintenance of Copyright Notices

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You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.

3. Termination

Without prejudice to any other rights, The Plugin People Ltd may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event,In such event, all rights granted to you under this EULA shall cease, you must immediately cease all activities authorised by this EULA and you must destroy all copies of the SOFTWARE PRODUCT in your possession.

4. Copyright

All title to intellectual property rights, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by The Plugin People Ltd or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by The Plugin People Ltd.

5. No warranties

The Plugin People Ltd expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. The Plugin People Ltd does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. The Plugin People Ltd makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. The Plugin People Ltd further expressly disclaims any warranty or representation to Authorized Users or to any third party.

6. Limitation of liability

(a) In no event shall The Plugin People Ltd be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT, even if The Plugin People Ltd has been advised of the possibility of such damages. In no event will The Plugin People Ltd be liable for loss of data direct or indirect loss of profits or anticipated savings or for indirect, special, incidental, consequential (including lost profit), losses, or other damages based in contract, tort or otherwise. The Plugin People Ltd shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.

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(d) The Plugin People Ltd do not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

7. Evaluation software

This paragraph applies to any cloud SOFTWARE PRODUCT that The Plugin People Ltd makes available on an evaluation basis ("Evaluation Software").  As per Atlassian terms, End User may evaluate the SOFTWARE PRODUCT free for "a minimum of 30 days and ends on the second billing cycle after you first subscribe to the app".  With no further action, the SOFTWARE PRODUCT will then be enrolled on a paid monthly subscription (or annual subscription at your choosing).  Once the initial evaluation period has ended, repeat evaluations are not allowed, where not enforced by Atlassian, it will be enforced by the SOFTWARE PRODUCT.  End User acknowledges that Evaluation Software may not be fully functional. Notwithstanding anything else in this Agreement, The Plugin People Ltd does not offer any warranty, indemnity for any Evaluation Software.

On ending usage of any cloud SOFTWARE PRODUCT, where the license to be removed, if there is no intention to re-subscribe within 30days, End User acknowledges that they will also UNINSTALL the SOFTWARE PRODUCT from their host Atlassian instance, failure to do so may result in their instance continuing to send your information to us, out of contract.

8. Source code

The Plugin People Ltd may provide through Online documentation or Support some elements of Software in source code form ("Source Code"). Unless otherwise specified, End User may modify Source Code solely to develop bug fixes, customizations, and additional features ("End User Modifications") and, notwithstanding anything else in this Agreement, may only use End User Modifications internally for purposes of using the Software licensed from The Plugin People Ltd. The Plugin People Ltd will have no support, warranty, indemnity or other obligations relating to, and assumes no liability for, any End User Modifications or any effect they may have on the operation of the Products.

9. Publicity rights

We may identify you as an Atlassian customer in our promotional materials. You may request that we stop doing so by submitting an email to sales@thepluginpeople.com at any time. Please note that it may take us up to 30 days to process your request.

10. Data protection

Definitions

Controller, Processor, Data Subject, Personal Data, Personal Data Breach, processing and appropriate technical and organisational measures: as defined in the Data Protection Legislation.

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(i) The Plugin People Ltd will only use your personal information as set out in [LINK TO PRIVACY POLICY].

11. Other important terms

The Plugin People Ltd may transfer its rights and obligations under this EULA to another organisation, but this will not affect your rights or its obligations under this EULA.

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This EULA, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. The Plugin People Ltd and you both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.

12. Change

Where you have subscribed for the SOFTWARE PRODUCT on an period basis, The Plugin People Ltd reserves the right to amend this EULA from time to time with such changes being notified to you and coming into effect on each renewal of the EULA.

Schedule 1

Processing, Personal Data and Data Subjects

Processing by the Provider

Scope, nature, purpose and duration

The SOFTWARE PRODUCT is an Atlassian Marketplace App which is used in conjunction with Atlassian’s Jira Cloud. When using the Software Product to interface between your server, data centre, mail server or other provider, any Personal Data forming part of the communications being submitted using the Software Product will be processed by The Plugin People Ltd in a server hosted by Amazon Web Services.

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The Personal Data is being processed for the purpose of the Customer’s use of the Software Product.

Types of Personal Data

The Personal Data transferred concern the following categories of data:

• Direct identifying information (e.g., name, email address, telephone).
• Indirect identifying information (e.g., job title, gender, date of birth).
• Device identification data and traffic data (e.g., IP addresses, MAC addresses, web logs).
• Any personal data supplied by users of the SOFTWARE PRODUCT.

Categories of Data Subject

The Personal Data concerns end users of the SOFTWARE PRODUCT, in addition to individuals whose personal data is supplied by end users of the SOFTWARE PRODUCT.

Changelog

PARA 9 Added 18 JULY 2017

PARA 10, 11 Added 29 JAN 2019