EULA

Owned by Develop Manager
Mar 20, 2024
6 min read

End User License Agreement

IMPORTANT - PLEASE READ THIS DOCUMENT CAREFULLY.

March 2024

 

between

Start Off Easily (hereinafter referred to as US, WE or LICENSOR)

and

you (either an individual or a single entity, hereinafter referred to as YOU or LICENSEE)

 

LICENSOR and LICENSEE will hereinafter be individually referred to as “Party” and collectively as “Parties”

<1> SCOPE

This END USER LICENSE AGREEMENT (hereinafter referred to as EULA) is a legal agreement between the Parties for the Apps offered by US (hereinafter referred to as SOFTWARE). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. 

This EULA is to be read in conjunction with “Atlassian Marketplace Terms of Use” available e.g. at https://www.atlassian.com/licensing/marketplace/termsofuse . In case of any conflict between the terms of this EULA and Atlassian Marketplace Terms of Use, the former shall prevail.

 Our SOFTWARE can be executed solely in the Atlassian Cloud environment, e.g. Confluence Cloud.

<2> GRANT OF LICENSE

The SOFTWARE is temporarily licensed, not sold, to YOU for use only under the terms of this EULA. This EULA is your proof of license to exercise the rights granted herein and must be retained by YOU. As between YOU and US (and, to the extent applicable, our licensors).

WE grant to YOU a limited, non-exclusive and non-transferable right to install and use the SOFTWARE only on the Atlassian systems owned, leased, or controlled by you for the number of users specific by your Atlassian software license agreement (hereinafter referred to as „YOUR SYSTEM“).

 YOU may not reverse engineer, decompile, disassemble or change the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

<3> COPYRIGHT, OWNERSHIP, INTELLECTUAL PROPERTY

All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, clip arts, libraries, and examples incorporated into the SOFTWARE), the accompanying printed materials (if any), and any copies of the SOFTWARE are owned by the LICENSOR. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material.

WE retain all title to and ownership of the SOFTWARE and reserve all rights not expressly granted to YOU.

<4>PAYMENT TERMS

For Free Apps this license is given to you without any cost. 

For Paid Apps the handling is as described within the “Atlassian Marketplace Terms of Use” (section “Your Orders”). The pricing is visible inside the Marketplace (https://marketplace.atlassian.com). YOU can choose the “Payment Cycle” (monthly or yearly) during the order process.

<5>MAINTENANCE AND SUPPORT

The LICENSOR may offer Support and Maintenance services for the SOFTWARE where specified during the license period except free Apps.
For support YOU are required to provide to LICENSOR all necessary information reasonably needed. This could include (but not limited to) access to your materials, systems, personnel, or other resources, including instances of the Software. Failure to provide such access relieves LICENSOR from providing Support and Maintenance until YOU cooperate to the level required for such service provision.

Terms and process for Maintenance and Support are as defined under „Terms of Service“ for this SOFTWARE.

<6>NO WARRANTIES.

The LICENSOR expressly disclaims any warranty for the SOFTWARE. The SOFTWARE and any related documentation is provided “as is” and „as available“ without warranty of any kind, either express, implied or statutory, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. YOU expressly acknowledge and agree that use of this SOFTWARE is at your sole risk.

 

To the maximum extent permitted by law, LICENSOR does not make any representation, warranty, or guarantee that (including but not limited to):

(a) the use of the SOFTWARE will be secure, timely, uninterrupted or error-free;

(b) the SOFTWARE will operate in combination with any other hardware, software, system, or data;

(c) the SOFTWARE will meet your requirements or expectations;

(d) any stored data will be accurate or reliable or that any stored data will not be lost or corrupted;

(e) errors or defects will be corrected; or

(f) the SOFTWARE (or any server(s) that make a Hosted Service available) are free of viruses or other harmful components.

 

If your jurisdiction does not allow such limitation of warranties, you may not use this SOFTWARE under this EULA. 

<7>LIMITATION OF LIABILITY

In no event shall the LICENSOR be liable for personal injury or any special, consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or commercial damage) arising out of the use of or inability to use this SOFTWARE.

The exclusion of liability within the meaning of para. 7 shall not apply to damages caused by the LICENSOR'S gross negligence or deliberateness.

 

If your jurisdiction does not allow such limitation of liability, you may not use this SOFTWARE under this EULA. 

<8>INDEMNIFICATION

The use of the SOFTWARE constitutes YOUR agreement to defend, indemnify, and hold harmless LICENSOR and his respective employees, contractors, officers, directors, licensees (excluding YOU), sublicensees, successors and assigns from and against any actions, claims, demands, liability and expenses, including reasonable attorneys fees, arising out of (i) YOUR breach of any of the provisions of this Agreement; (ii) YOUR use or misuse of the SOFTWARE; (iii) the use or misuse of the SOFTWARE by a third party using it, or (iv) third-party claims based on YOUR use of the SOFTWARE. 

<9>TERMINATION

a) The license granted to you is effective until terminated.

b) YOU may terminate the license by disabling renewal. The handling of disabling renewals is described within the “Atlassian Marketplace Terms of Use” (section “Your Orders”).  The minimum term for the license is defined by the Payment Cycle, defined by YOU during the ordering process. The license is automatically renewed until YOU stop ordering or the end-of-life for the SOFTWARE is reached, as defined by LICENSOR (see next paragraph).

c) LICENSOR in its sole discretion keeps the right to terminate the license out of convenience at any time, with or without any reason. This decision will be communicated e.g., via Email to YOU, on Atlassian Marketplace (https://marketplace.atlassian.com), or within the then currently published product documentation.

d) The license will also terminate automatically without any notice from US if you fail to comply with any term or condition of this Agreement, especially (but not limited to) infringement on due payment.

e) YOU agree upon any such termination to uninstall the SOFTWARE (including any portions or copies thereof) currently in your possession or control.

f) The provisions of this Agreement that protect the proprietary rights of LICENSOR will continue in force after termination. 

<9>MISCELLANEOUS

a) Compliance with law
YOU will use the software in compliance with all applicable laws.
It is your sole responsibility that data stored in and shared from YOUR SYSTEM must also comply with any applicable laws and be in compliance with any agreement made with Atlassian Corporation for usage of their products.

b) Revisions to EULA
LICENSOR may amend or modify this EULA at any time without having to notify YOU or obtain YOUR prior approval.

c) Entire Agreement and Supporting Documents
This EULA together with its supporting documents represent the entire agreement of the Parties with respect to the subject matter hereof, superseding any and all previous agreements or understandings, whether written or oral. The cited supporting documents to this EULA form an integral part of this Agreement and shall be construed accordingly. In case of a discrepancy between this EULA and the cited supporting documents thereto, the stipulations of this EULA shall prevail.

The supporting documents to this EULA are

  • Privacy Police

  • Terms of Service

  • Security Police.

They can be accessed in their actual form in our Atlassian Space.

d) Written Form
Changes and amendments to this EULA must be made in writing in order to be valid. This also applies in the event of deviation from this requirement of written form.

e) Waiver
The failure by LICENSOR at any time to enforce any of its powers, remedies or rights under this agreement will not constitute a waiver of such powers, remedies or rights or affect LICENSORs rights to enforce those powers, remedies or rights at any time.

f) Severability
If any provision of this Agreement is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in any other jurisdiction. This shall not affect the validity of the remaining provisions of this EULA. In this event, the Parties shall be obliged to replace the invalid provision by a valid provision that most approximates the economic purpose of the invalid provision. The same applies in case of a gap.

g) Governing Law and Dispute Resolution
This Agreement is governed by the laws of Federal Republic of Germany and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the Federal Republic of Germany.

 The Parties to this Agreement shall try to settle any disputes amicably. If it is not possible to reach such an amicable settlement, any dispute in connection with this Agreement shall be submitted to the exclusive jurisdiction of German general courts. Any court proceeding shall be initiated by filing with the District Court of Stuttgart (Amtsgericht Stuttgart).