End-User License Agreement (EULA)

By downloading, installing and/or using any part of the Software (as defined below), you and the entity or company that you represent (the “End User”) are unconditionally agreeing to be bound by, and are becoming a party, to this End User License Agreement and Stretch Addera. The End User License Agreement and the Privacy Policy are collectively referred to as the “Agreement”.

If the End User does not unconditionally agree to all terms of this Agreement, the End User will not have any right to use the Software.

Grant of License

The Software is licensed, not sold, and no ownership right is conveyed to the Licensee, irrespective of the use of terms in this EULA.

This EULA grants the Licensee the rights according to the Licensee’s order through the Atlassian Marketplace or a Reseller and the respective specifications including, but not limited to, for example the license, a maintenance or subscription period, the price, support and other services, and the number of authorized users (the Order).

The Licensor grants the Licensee a license to use the Software limited to the scope of the Order. The Licensor reserves all rights not expressly granted to the Licensee in this EULA.

The Licensee may not convey, sell or transfer the Software to any third party without the Licensor’s prior express written consent.

The Licensee may not decompile, disassemble, modify or reverse engineer the Software in whole or in part, or create any derivative works from the Software without the Licensor’s prior express written consent.

The Licensee is allowed to make necessary backup copies for the purpose of backup only and for no other purpose.

The Licensee is allowed to install the Software and make the Software available for use on systems controlled, leased or owned by the Licensee or a third-party provider as long as the Licensee remains fully responsible for any compliance with this EULA.

Third-Party Software

The Licensee acknowledges that the Software may contain software licensed by the Licensor from third parties, including open source software, and embedded in the Software, and that in addition to this EULA, additional obligations may apply in relation to any use of such third-party software by the Licensee. The Licensor shall not be liable for any third-party software.

The Software may depend on, require and use various third-party Application Programming Interface (APIs). The Licensor shall not be liable for any third-party APIs.

Payments Terms, Modifications and Termination

The Licensor may modify this EULA at any time and at its sole discretion. If a modification is detrimental to the Licensee, the Licensor shall use reasonable efforts to notify any affected Licensee by sending e-mails to known e-mail addresses or by publishing a notification on the Licensor’s website or on the Atlassian Marketplace. Continued use of the Software after such a notification by the Licensee is considered as an agreement with the modified EULA.

The Licensor may terminate any license if the Licensor is in default with payments or if the Licensor cannot reasonably expect the Licensee to make due payments.

The license shall terminate automatically if the Licensor fails to comply with this EULA.

Limitations of Liability and Warranty

The Licensor will use reasonable efforts to provide solutions for any reported issues. The Licensor will provide maintenance and support services, unless such services cannot be reasonably expected, for the Software on the Licensee’s request within the scope of the Order.

The Software is provided on an «as is» and «as available» basis without warranty, express or implied, of any kind of nature, including, but not limited to, any warranties of fitness for a specific purpose, or performance.

The Licensor shall not be liable to the Licensee or any other person for any consequential, direct, incidental, indirect or special damages of any kind due and in relation to the Software.

Miscellaneous

The Licensee grants the Licensor the right to use the Licensee’s company name / name and logo and any review provided or published in relation to the Software within promotional material, on the Licensor’s social media channels and on the Licensor’s website. The Licensee can revoke this right for future usage any time by submitting a respective request to the Licensor.

If any provision of this EULA should be held to be unenforceable for any reason, such provision shall be amended only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall remain in full force and effect.