End user license agreement (EULA)
End user license agreement (EULA)
1. License Grant; Data Collection at Installation.
2. License Restrictions; Reservation of Rights.
3. Free Trial Period
4. Maintenance Updates and Technical Support.
5. Disclaimer of Warranties.
6. Limitation of Liability.
7. Indemnification.
8. Term and Termination.
9. Export Laws and Regulations.
10. General Provisions.
End user license agreement (EULA) This End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and DSR Corporation ("DSR"). This Agreement governs your use of the App identified in the Order including all related documentation. The App is licensed, not sold, to you. If End User is an entity, the person accepting this Agreement acknowledges that he or she is binding the entire entity, and represents that he or she has authority to do so. BY DOWNLOADING,INSTALLING OR USING THE APP YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE AND DULY AUTHORIZED BY THE END USER TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT END USER IS LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APP. ANY CAPITALIZED TERMS USED HEREIN AND NOT OTHERWISE DEFINED SHALL HAVE THE MEANING ATTRIBUTED TO THEM IN THE ATLASSIAN MARKETPLACE TERMS OF USE (https //www.atlassian.com/licensing/marketplace/termsofuse#your-orders ) 1. License Grant; Data Collection at Installation. In consideration for the payment by End User of the fees and subject to the provisions of this Agreement, DSR grants to End User a limited, non-exclusive, non-transferable and non-sublicensable license to install and use the App in accordance with the authorized scope of use set forth in the Order for your internal business purposes only. You may increase the authorized scope of use at any time upon the payment of the applicable fees. During installation the App may collect certain information from the computer on which it is installed regarding the host software with which it is used (e.g. Jira or Confluence), such as identification of the host software and its license type. Additionally, the App may contain certain user tracking features that enable DSR to collect certain information regarding Your App usage to help improve the overall usability of the App. This information is used by DSR to evaluate and improve product installations and DSR’s products and services. DSR may also share it with the vendor of the host software for their use in improving their products and services. DSR does not collect user information such as names or emails of end users. 2. License Restrictions; Reservation of Rights. End Users do not receive title to the App or to any part thereof. DSR and its licensors retain all right, title and interest, including the intellectual property rights, in and to the APP and related copyrights, patents, trademarks, trade secrets and trade dress. You shall not remove or alter any proprietary notices, labels, or trademarks on the App or accompanying documentation. You shall not modify, translate, copy, reproduce, reverse engineer, disassemble, decompile, decrypt or otherwise derive source code from the App or any portion thereof or the accompanying documentation (other than to the limited extent restrictions on reverse engineering are prohibited by applicable law), or use the App as a basis for the preparation of other software programs or derivative works, or use the App in any manner that infringes the intellectual property or other rights of DSR or any other party. Use of the App for timesharing or service bureau purposes is expressly prohibited. DSR or its licensors may modify or discontinue offering the App at any time. ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER ARE RESERVED TO DSR AND ITS LICENSORS. 3. Free Trial Period If you have selected a free trial period, you shall use the App for internal evaluation purposes only. After expiration of the trial period, if you do not place an order for the App and pay the license fees, the App will cease to function and you must cease using and delete all copies of the App and any related license or access keys. 4. Maintenance Updates and Technical Support. 1. <ins Maintenance Updates</ins . DSR may from time to time in its sole discretion develop and provide maintenance updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). You will receive email notice of the Updates with installation instructions. You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App. 2. <ins Technical Support</ins . Technical Support shall be provided via email for the sole purpose of addressing technical issues relating to the use of the App. Support Services also include installation, troubleshooting problems with the App and , identifying intermediate solutions. 5. Disclaimer of Warranties. THE APP IS PROVIDED "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DSR, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, DSR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. 6. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DSR OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, OR DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR DSR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. 7. Indemnification. You agree to indemnify, defend, and hold harmless DSR and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the App or your breach of this Agreement. 8. Term and Termination. This Agreement shall commence on the date of acceptance and continue in effect for the duration of the subscription term specified in the Order and any renewals thereof. Your rights under this Agreement will terminate automatically and irrevocably without notice from DSR if You fail to comply with any term(s) of this Agreement, including without limitation, if you violate the prohibition on assignment or if your use of the App exceeds the authorized scope of use. Upon termination, the license granted hereunder shall terminate and You shall immediately discontinue all use of the App and destroy and