End Use License Agreement
End User License Agreement
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS APP INSTALL. By installing, copying, or otherwise using the Marketplace Product, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Marketplace Product.
The "Standard EULA" is reproduced here for convenience. In this case, the "Publisher" is Develocenter.
(i) The Publisher is the licensor of the Marketplace Product and Atlassian is not a party to the Publisher EULA or this Standard EULA, as applicable.
(ii) If the Marketplace Product does not include a Publisher EULA that specifies Marketplace Product license rights, Publisher grants you a limited, worldwide, non-exclusive, non-transferable and non-sublicensable license to download and use the Marketplace Product only on hardware systems owned, leased or controlled by you.
(iii) Licenses granted by Publisher are granted subject to the condition that you must ensure the maximum number of Authorized Users that are able to access and use the Marketplace Product concurrently is equal to the number of User Licenses for which the necessary fees have been paid to Atlassian and/or its authorized partners (each, an "Atlassian Expert"). You may purchase additional User Licenses at any time on payment of the appropriate fees to Atlassian or an Atlassian Expert. "User License" means a license granted under this EULA to you to permit an Authorized User to use the Marketplace Product. The number of User Licenses granted to you is dependent on the fees paid by you. "Authorized User" means a person who accesses and uses a Marketplace Product under the EULA and for which the necessary fees have been paid to Atlassian and/or an Atlassian Expert.
(v) You may not modify, reverse engineer, decompile or disassemble the Marketplace Product in whole or in part, or create any derivative works from or sublicense any rights in the Marketplace Product, unless otherwise expressly authorized in writing by Publisher.
(vi) The Marketplace Product is protected by copyright and other intellectual property laws and treaties. Unless otherwise expressly stated in the Publisher EULA, Publisher or its licensors own all title, copyright and other intellectual property rights in the Marketplace Product, and the Marketplace Product is licensed to you directly by the Publisher, not sold.
End of Standard EULA
The vendor expressly disclaims any warranty for this Marketplace Product, to the maximum extent permitted by applicable law. The Marketplace 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. In no event shall the vendor be liable for any damages (including, without limitation, lost profits, business interruption, lost data or lost information) rising out of 'Authorized Users' use of or inability to use the Marketplace Product, even if the vendor has been advised of the possibility of such damages. In no event will the vendor be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise.
LIMITATION OF LIABILITY
Under no circumstances and under no legal theory, tort, contract, or otherwise, shall Develocenter or its partners or distributors be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, or for any damages in excess of Develocenter's list price for a license to the Marketplace Product and documentation, even if Develocenter shall have been informed of the possibility of such damages, or for any claim by any other party. Develocenter’s aggregate liability shall not exceed the amount actually paid by you to Develocenter for the Marketplace Product.
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