This Services Agreement (this “Agreement”) is dated as of Jun 30, 2020 and is entered into by and between Peter Eigenschink, a company incorporated in Austria, and you, and is effective as of the date you start using the Services. By using the Services, you agree and be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not do install or use the App.
You represent and warrant that you have the legal power and authority to enter into this Agreement and that, if you are an entity, this Agreement and each Order is entered into by an employee or agent with all necessary authority to bind that entity to this Agreement.
Your order through the Atlassian Marketplace or with an authorized Reseller (“Order”) will specify your authorized scope of use for the Apps, which may include: (a) the defined number of installations, the number of specific individuals for whom you have paid the required fees and whom you designate through the applicable app (“Authorised Users”), the number of authorised servers, the number of unique data set platforms, and/or other defined resource utilisation limitations, (b) storage or capacity (for Hosted Services), (c) numbers of licenses, copies or instances (for Software), or (d) other restrictions or billable units (all of the above, as applicable, the “Scope of Use”). The term “Order” also includes any applicable Product or Support Services renewal, or purchases you make to increase or upgrade your Scope of Use. You may increase the number of Authorized Users permitted to access your instance of the App by placing a new Order or, in some cases, directly through the App.
Peter Eigenschink grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the App solely, strictly in accordance with the terms of this Agreement.
If you have not previously paid the license fee for the App, then you must pay the license fee within the period indicated in the applicable invoice. Failure to pay any license fees by the due date will result in the immediate termination of the license(s) granted under this EULA.
You agree not to, and you will not permit others to license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the App or make the App available to any third party.
Peter Eigenschink may provide you with online support services related to the App, in its discretion and for the sole purpose of addressing technical issues relating to the use of the Products. Support Services also include access to bug fixes, patches, modifications, or enhancements that Peter Eigenschink makes generally commercially available during the “Support Period.” When accepted by you, any such Releases will be considered part of the Apps and subject to the terms of this EULA.
The initial Support Period for a Standard Use App is twelve (12) months starting at the time the App is purchased and may be renewed for additional twelve (12) month periods at the then-current rate for Support Services. Renewal Support Periods commence upon the expiration of the prior Support Period regardless of when the App is purchased.
Use of Support Services, if any, is governed by Peter Eigenschink's policies and programs described in any user manual, in online documentation, and/or other provided materials by Peter Eigenschink. Any supplemental software code provided to you as a part of Support Services will be considered part of the App and subject to the terms of this EULA.
Modifications to Application
Peter Eigenschink reserves the right to modify, suspend or discontinue, temporarily or permanently, the App or any service to which it connects, with or without notice and without liability to you.
Term and Termination
This Agreement shall remain in effect until terminated by you or Peter Eigenschink.
Peter Eigenschink may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Peter Eigenschink, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by disabling and uninstalling the App and all copies thereof from your Confluence Instance.
Upon termination of this Agreement, you shall cease all use of the App and delete all copies of the App from your Confluence Instance.
ALL PRODUCTS ARE PROVIDED "AS IS", AND PETER EIGENSCHINK AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND. PETER EIGENSCHINK SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF PETER EIGENSCHINK.
Limitation of Liability
NEITHER PARTY (NOR ITS SUPPLIERS) SHALL BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NEITHER PARTY’S AGGREGATE LIABILITY TO THE OTHER SHALL EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US FOR PRODUCTS AND SUPPORT AND MAINTENANCE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO SUPPLIERS OF ANY THIRD PARTY COMPONENTS INCLUDED IN THE PRODUCTS WILL BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Amendments to this Agreement
Peter Eigenschink reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.