General Software Product EULA (non-cloud)
END-USER LICENSE AGREEMENT FOR THE PLUGIN PEOPLE NON-CLOUD SOFTWARE PRODUCTS. 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, copying, 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. You may also install and use the SOFTWARE PRODUCT on any number of Developer-licensed (derived from Production license) instances of a host Atlassian product for non-production use only
(b) Backup Copies
You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes. You must keep all copies of the SOFTWARE PRODUCT secure and maintain accurate and up-to-date records of the number and locations of all copies of the Software.
2. Description of other rights and limitations
(a) Maintenance of Copyright Notices
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Evaluation versions available for download from The Plugin People Ltd's websites may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(d) Rental and modification
You may not rent, lease, or lend, merge, adapt, vary, alter or modify the SOFTWARE PRODUCT save as set out in clause 8 or as otherwise agreed in writing.
(e) Support Services
The Plugin People Ltd may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
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, 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.
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 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.
(b) You acknowledge that the SOFTWARE PRODUCT has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in the Documents meet your requirements.
(c) The Plugin People Ltd’s maximum aggregate liability under or in connection with this EULA whether in contract, tort (including negligence) or otherwise, shall in all circumstances (save as set out in paragraph 6(d) below be limited to a sum equal to 100% of annual the licence fee payable by you under the EULA.
(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 Software that The Plugin People Ltd makes available on an evaluation basis ("Evaluation Software"). End User may only use the Evaluation Software for internal evaluation purposes for the period specified by the single use freely available evaluation License, and may only permit a limited number of users (specified by The Plugin People Ltd) to access the Evaluation Software. After the evaluation period, End User must delete all copies of the Evaluation Software. 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.
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 email@example.com at any time. Please note that it may take us up to 30 days to process your request.
10. Data protection
You acknowledge and agree that for the purposes of European Union legislation relating to processing of personal data (Data Protection Legislation), the Company will not be required to process any personal data (as defined in the Data Protection Legislation) for or on your behalf for the purpose of this EULA.
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.
You may only transfer your rights or your obligations under this EULA to another person if The Plugin People Ltd agree in writing.
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.
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.
PARA 9 Added 18 JULY 2017
PARA 10, 11 Added 29 JAN 2019