Last Updated: 21 Dec 2018
IMPORTANT! BE SURE TO CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS AND RESTRICTIONS SET FORTH IN THIS END USER LICENSE AGREEMENT (“EULA”). YOU ARE NOT AUTHORIZED TO USE THIS SOFTWARE UNLESS AND UNTIL YOU ACCEPT THE TERMS OF THIS EULA.
This EULA is a binding legal agreement between Redmoon Software, Ltd (hereinafter “Licensor”), a provider of downloadable and cloud-based and server-based applications under the Redmoon Software Atlassian Add-ons brand names through the Atlassian Marketplace or any other means that interoperate with applicable products manufactured by Atlassian Pty Ltd (“Atlassian”), and you (either an individual or a single legal entity you represent) whose details are provided to Licensor upon purchase (hereinafter “Licensee” or “you”) for the materials accompanying this EULA, including the accompanying computer software, associated media, printed materials and any “online” or electronic documentation.
By clicking on the “I agree” (or similar button) that is presented to you at the time of your order, or by installing, copying, downloading or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not install, copy, download or otherwise use the Software. If you are agreeing to this EULA on behalf of a company or other organization, you represent that you have the authority to bind that company or organization to this EULA, and the terms Licensee, "you" and “your" refer to that company or organization. If you do not have that authority, you may not install, copy, download or otherwise use the Software.
1. Agreement to Terms and Conditions
This Agreement takes effect on the date on which you install the plugin into any Confluence or JIRA installation.
2. License Duration
This license is perpetual, no additional payment is required to maintain it, with the exception of you breaking any part of this license, in which case you lose all rights under the license.
It is not warranted that any software supplied by the Licensor will meet your requirements or that its operation will be uninterrupted or error free. The Licensor excludes and expressly disclaim all express and implied warranties or conditions not stated in this Agreement (including without limitation, loss of profits, loss or corruption of data, business interruption or loss of contracts), so far as such exclusion or disclaimer is permitted under the applicable law. This Agreement does not affect your statutory rights.
4. Warranties and Limitation of Liability
The Licensor warrants that its software and services will be provided using reasonable care and skill on a non-exclusive basis. Where the Licensor supplies any goods supplied by a third party, the Licensor does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to the Licensor. The Licensor shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the Licensor's negligence or the negligence of its servants or agents or otherwise) which arise out of or in connection with the provision of any goods or services by the Licensor. The Licensor shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control. Any estimates given by the Licensor as to the time of completion of performance of its services (whether completion of the whole or a part of those services) or delivery of its software shall be estimates only and time shall not be of the essence. The Licensor when providing electronic media shall take reasonable care to avoid introducing computer viruses to your computer systems and shall not be liable to you by reason of any virus unknowingly introduced to your system by it for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or any claims which arise out of or in connection with such introduction of a computer virus. Notwithstanding contrary clauses in this Agreement, in the event that the Licensor are deemed liable to you for breach of this Agreement, you agree that the Licensor's liability is limited to the amount actually paid by you for your services or software, which amount calculated in reliance upon this clause. You hereby release the Licensor from any and all obligations, liabilities and claims in excess of this limitation.
5. Notices and Consents
Any notice, request or other communication to either party by the other under this Agreement shall be given by email, fax or conventional mail and shall be confirmed by conventional mail.
6. Assignment of Rights
You shall not assign this Agreement or any benefits or interests arising under this Agreement without the Licensor's prior written permission, such not to be unreasonably withheld.
The ownership of marketing materials, any software or electronic media, methodologies, strategies, research and designs shall remain with the Licensor. The Licensor reserves the right to use in any way it wishes any programming tools, skills, content, methodologies, strategies and techniques acquired or used in performing its duties under this Agreement. The ownership of any data content created using the software shall remain with the author of that content. The Licensor provides permission for vector and raster representations within the software that it owns to be combined with the representation that the author has created and for the combined result to be persisted in either vector and/or raster format. You may use such graphically persisted representation that you create for any purpose that does not interfere with the business operations of the Licensor.
8. General Terms and Law
This Agreement is governed by the laws of New Zealand. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and the Licensor as a result of your use of these services. You agree not to hold yourself out as a representative, agent or employee of the Licensor. You agree that the Licensor will not be liable by reason of any representation, act or omission to act by you. The Licensor's performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of Licensor's right to comply with law enforcement requests or requirements relating to your use of Licensor or information provided to or gathered by Licensor with respect to such use.
If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continuation in full force and the effect of the remainder of them will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice).
10. Entire Agreement
If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continuation in full force and the effect of the remainder of them will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice). This Agreement constitutes the entire agreement between the Licensor and you with respect to your use of services, software and/or goods provided by the Licensor, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between Licensor and you with respect thereto. Each party confirms that it has not relied on any representation not recorded in this document inducing it to enter into this Agreement. The address for communication to Licensor by conventional mail unless you are otherwise notified shall be:
Redmoon Software Ltd
17 Sedgley Grove