Version: 2 (updated 21/01/2020).
This End User License Agreement (EULA) is a binding legal agreement between Reconquest Ltd. (the «Licensor»), a provider of cloud-based and downloadable applications including related documentation and services (the «Software») through the Atlassian Marketplace or any other means that interoperate with applicable products and services by Atlassian Pty Ltd – ABN 53 102 443 916 («Atlassian»), and you (either an individual or a single legal entity, the «Licensee») whose details are provided to the Licensor when you order or receive the Software from the Licensor or a Reseller (the «Purchase»).
The Licensee agrees to be bound by the terms of this EULA by copying, downloading, installing, licensing, purchasing or otherwise using the Software. If the Licensee does not agree to the terms of this EULA, the Licensee may not copy, download, install or otherwise 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 non-exclusive, non-sublicensable, non-transferable and worldwide 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 rights under this EULA are non-exclusive, non-sublicensable and non-transferable. The Licensee may not convey, sell or transfer the Software to any third party without the Licensor's prior express written consent.
- The Licensee is allowed to make necessary backup copies for the purpose of backup only.
- The Licensee is allowed to make necessary copies for using on test servers for testing/evaluation purposes only.
- The Licensee is not allowed to make copies except cases described in 5 & 6.
- 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.
- The Software will, if not otherwise agreed or offered, delivered only in electronic form.
- 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.
Limitation 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.
- 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.
Choice of Law and Venue
- This EULA shall be governed exclusively by laws of the Russian Federation. You agree to submit any dispute arising out of your use of the Products to the exclusive jurisdiction of Russia.
- If you have any questions or suggestions regarding EULA, please contact us. You can find our contact information under Atlassian Marketplace Vendor Page page.