Power Retro by Tappointment – For ATLASSIAN Marketplace
End User License Agreement
IMPORTANT DISCLAIMER – PLEASE READ AND INTERPRET CAREFULLY:
The present End User License Agreement (hereinafter referred to as EULA) is a legally binding agreement between You (either an individual or a legal entity) and Tappointment Ltd. [Registered Seat: Hungary, 8000 Székesfehérvár, Király sor 30. EU VAT Number: HU24933069.] (hereinafter referred to as Tappointment) for the Power Retro Application for ATLASSIAN Marketplace (hereinafter referred to as SOFTWARE).
By installing, copying, or otherwise using the SOFTWARE, You (or the legal entity you may represent) agree to be bound by the present terms of this EULA.
The aforesaid mentioned documents of Atlassian Marketplace are available at the following links:
In case of any conflict between the present EULA and the referred document of Atlassian Marketplace, the EULA shall prevail.
- Grant of License
- The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the SOFTWARE (including but not limited to any images, icons, text files, pdfs or other assets contained within the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by Tappointment or its suppliers. This EULA does not grant You any rights to use such content. This license grants You the limited, worldwide, nonexclusive right to install and use the SOFTWARE (including the related on-line documentation) for the number of licensed users, but only if You accept the present EULA.
- You may not copy or embed elements of the source code of the SOFTWARE into other applications, or publish, transmit or communicate the source code to other parties other than yourself or the entity You represent.
- You are allowed to copy the SOFTWARE for backup, archival as well as testing purposes.
- You may not sell, transfer or convey the SOFTWARE to any third party without the prior express written consent of Tappointment. If users transfer their rights or grant a secondary license without Tappointment's authorization or if the license to use a work is transferred without the Tappointment's authorization, the user and the licensee shall be jointly liable for performing the use contract.
- If You are acting on behalf of a legal entity, You hereby warrant that You are entitled to represent the legal entity, and conclude the present EULA on behalf of the legal entity.
- Ownership and Reservation of Rights
- All rights of any kind, which are not expressly granted by the present EULA, are entirely and exclusively reserved to and by Tappointment. As between the parties, all title, ownership rights, and intellectual property rights in and to the SOFTWARE and any copies, portions, or derivatives thereof, shall remain in Tappointment.
- The Software is licensed, not sold. You do not acquire any ownership rights as a result of downloading, installing or using the SOFTWARE.
- You may terminate this EULA at any time by destroying all your copies of the SOFTWARE.
- The license will automatically terminate if You fail to comply with the terms of this EULA
- On termination, You are required to remove the SOFTWARE from your computer and destroy all copies of the SOFTWARE and related documentation and all its component parts.
- The provisions of the present EULA which by their nature extend beyond the termination date of the EULA will survive and remain in effect and enforceable until all obligations are fully satisfied.
- You understand that Tappointment may modify or discontinue offering the SOFTWARE at any time.
- The SOFTWARE is provided on an “as is” and “as available” basis without warranty, express or implied, of any kind or nature, including, but not limited to, any warranties of performance, merchantability, fitness for a particular purpose, or title. You may have other statutory rights, but the duration of statutorily required warranties, if any, shall be limited to the shortest period permitted by law.
- Infringement Indemnification
- Tappointment will hold You harmless, defend and indemnify You, against a third party claim to the extent based on an allegation that the SOFTWARE infringes a third party intellectual property right, provided that Tappointment: (a) is promptly notified and furnished a copy of such Claim, and all other documents that the claim is based on (b) is given reasonable assistance in and sole control of the defence thereof and all negotiations for its settlement.
- If the SOFTWARE becomes, or in the opinion of Tappointment may become, the subject of a Claim, Tappointment may, at its option and in its discretion: (a) procure for You the right to use the SOFTWARE, free of any liability; (b) replace or modify the SOFTWARE to make it non-infringing; or (c) terminate your right to continue using the SOFTWARE and refund, in this case, any license fees related to the SOFTWARE paid by You.
- You agree that Tappointment and its contractors shall have no liability whatsoever for any use, development, modification or maintenance you make of the SOFTWARE other than in accordance with this EULA. You shall indemnify and hold harmless Tappointment and 3 its contractors from any claims, damages, losses, liabilities, costs, and fees (including reasonable attorneys' fees) arising from your use of the Software as well as from your failure to comply with any term of this EULA. You must notify Tappointment in written form with registered delivery of any such claims, damages, losses, liabilities or of the legal proceeding.
- Limitation of Liability
- Except for the indemnification clause, neither party will be liable to any person with respect to any loss, damage, cost, expense or other claim, for any consequential (such as loss of income; loss of business profits or contracts; business interruption; loss of the use of money or anticipated savings; loss of information; loss of opportunity, goodwill or reputation; loss of, damage to or corruption of data), indirect, special, punitive or other damages in relation to the usage of the SOFTWARE.
- In no event will the total liability under any claims arising out of this agreement exceed the license fees paid under this EULA.
- Tappointment is not liable for the integrity of the information or the information itself stored at the request of a user.
- Governing Law and Jurisdiction
- In the event of any dispute arising from or in connection with the present EULA, so especially with its breach, termination, validity or interpretation, the parties exclude the state court procedure and agree to submit the matter to the exclusive and final decision of the Permanent Arbitration Court attached to the Hungarian Chamber of Commerce and Industry (Commercial Arbitration Court Budapest). The Arbitration Court proceeds in accordance with its own Rules of Proceedings (supplemented with the provisions of the Sub-Rules of Expedited Proceedings). The number of arbitrators shall be three and the language to be used in the arbitral proceedings shall be Hungarian. The parties exclude the possibility of the retrial of the proceedings as regulated in Section IX of Act no. LX of 2017 on Arbitration. In order to settle the legal dispute, the Hungarian substantive law shall apply, excluding its private international law rules.”
- Support and Equipment
- This EULA does not entitle you to any support, upgrades, patches, or enhancements, (hereinafter referred to collectively, as "Support") for the SOFTWARE. Any such Support for the SOFTWARE that may be made available by Tappointment, in its sole discretion, shall become part of the SOFTWARE and subject to this EULA. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the SOFTWARE, including, without limitation, modems, hardware, software, and internet service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the SOFTWARE.
- Entire Agreement
- This EULA represents the whole agreement concerning this license between the parties and supersedes all prior agreements and representations between them.
- Tappointment may amend or modify this EULA from time to time. You and all the user of the SOFTWARE fully liable to check the website from time to time to view any such changes 4 in the EULA, however You can request to be informed of any changes by submitting a written request via email to Tappointment. Please write your request to the following email address: email@example.com All notices and enquiries will be answered by Tappointment in a reasonable period of time.
- Unless required by Laws, we agree not to make modifications that would substantially diminish our obligations during your then-current License Term.
- Please note, that use of SOFTWARE is free within the trial period provided automatically by Atlassian Marketplace. Please be aware, that after the end of the trial period you shall pay the license fee for the use of the SOFTWARE.
- If the resolution is unacceptable, the customer can request for termination and refund for any fees prepaid for use of the affected SOFTWARE for the terminated portion of the License Term.
- For avoidance of doubt, any Order is subjected to the version of the EULA in effect at the time of the Order of the SOFTWARE.
- No waiver of any right under this EULA will be deemed effective unless contained in writing signed by a duly authorised representative of the party against whom the waiver is to be asserted, and no waiver of any past or present right arising from any breach or failure to perform will be deemed to be a waiver of any future rights arising out of this EULA.
- If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall remain in full force and effect.
- Contact information
- If you have any question or concern regarding this EULA or the SOFTWARE, please write to firstname.lastname@example.org or give us a call: +36 1 611 9786
Last updated August 23rd, 2022