The individual using this software represents and warrants that he or she has authority to enter into this agreement with The Starware on behalf of the Licensee, that he or she has read the terms and conditions set out herein and that the Licensee accepts and agrees to this agreement. If the Licensee does not agree to the terms of this EULA, the Licensee may not install, copy, download or otherwise use the Software.
Accessible Code means source code that is unprotected and accessible.
Licensor means The Starware
Licensee means the individual or entity (inclusive of subsidiaries) that has licensed the Product under the terms and conditions of this agreement.
Application means the Atlassian application within which the Software runs.
Authorized User means a person or user account who is Licensed to use the Product, regardless of whether that person is an employee, contractor, subcontractor, vendor, partner or customer of the Licensee.
Embedded Software means any third party software which may contain Accessible Code, Protected Code or Media licensed by Licensor from a third party and embedded in the Software.
Fees mean all fees and expenses payable by the Licensee to Licensor in acquiring the Software and as applicable any Maintenance or User Licenses.
Free License means a license for which the Fees are waived by Licensor. Licenses are non-transferable.
Maintenance means the provision by Licensor to Licensee, of Software updates and/or enhancements made generally available to customers from time to time, and online technical support for the sole purpose of addressing technical issues relating to the use of the Software.
OEM Distribution means distribution of the Product as either a bundled add-on to, or embedded component of, another application with such application being made available to its users as, but not limited to, an on-premises application, a hosted application, a Software-as-a-Service offering or a subscription service for which the distributor of the application receives a license fee or any form of direct or indirect compensation.
OnDemand means Software hosted in the cloud by Atlassian.
Paid License means a license for which Fees have not been waived by Licensor. Licenses are non-transferable.
Parties means either Licensor or the Licensee or both.
Protected Code means any source code that is protected against access by the Licensee and any third party without Licensor’s prior written permission and is otherwise not accessible under this EULA. “Reseller” means a third party selling and distributing Licensor services and/or products which it is authorized by Licensor to do so.
User License means a license granted under this EULA to the Licensee to permit an Authorized User to use the Software. The number of User Licenses granted to the Licensee is dependent on the Fees paid by the Licensee.
Upon Licensee’s acceptance of this EULA, Licensor grants the Licensee the non-exclusive right to use the Software subject to the following:
The licenses granted are subject to the condition that the Licensee must ensure the maximum number of Authorized Users accessing and using the Software concurrently is equal to the number of User Licenses for which the necessary Fees have been paid to the Reseller or Licensor. The Licensee may purchase additional User Licenses at any time on payment of the appropriate Fees to the Reseller or Licensor.
The Licensee is permitted to copy the Software for data protection, archiving and backup purposes only and for no other purpose.
Licensor reserves all rights not expressly granted to the Licensee in this EULA. The Software and all copies thereof are protected by copyright and other intellectual property laws and treaties. Licensor or its relevant third parties own the title, copyright, and all other intellectual property rights in the Software and all subsequent copies of the Software. The Software is licensed, not sold and the Licensee does not acquire any rights of ownership in the Software hereunder.
Software Maintenance includes The Licensor provisioning to Licensee Product updates and/or enhancements made generally available to customers from time to time, and online technical support to one Licensee-designated technical contact for the sole purpose of addressing technical issues relating to the use of the Product (excluding any form of on-site visits by The Licensor personnel or contractors). The Maintenance Period may be renewed for one year at the then-current rate for Software Maintenance. Subsequent Renewal Periods commence upon the expiration of the prior Software Maintenance regardless of when it is purchased.
The Product is provided on an “as is” and “as available” basis without warranty, express or implied, of any kind or nature, including, but not limited to, any warranties of performance or merchantability or fitness for a particular purpose, including without limitation that The Licensor does not warranty that the Product will be error-free, complete, or correct. The Licensor provides evaluation copies of the Product so that customers can assess the Product.
The Licensee may have remedies against Licensor imposed by law or statute which can’t be excluded by Licensor and its third party suppliers. To the extent the Licensee has such legal remedies against Licensor or its third party suppliers then to the fullest extent permitted by law Licensor and its third party suppliers’ liability is limited (a) at Licensor’s option, to: (i) in the case of the Software: 1) repairing or replacing the Software; or 2) the cost of such repair or replacement; and (ii) in the case of Maintenance services; 1) re supply of the Maintenance services; or 2) the cost of having the Maintenance services supplied again; or (b) if the limitation set out in 6.1(a) is not applicable then to an amount of the liability up to a maximum of the sum of the multiple of three times the amount actually paid by the Licensee for the Software.
Subject to section 6.1, notwithstanding any damages Licensee might incur for any reason whatsoever to the maximum extent permitted by applicable law the entire liability of Licensor and any of its third party suppliers under any provision of this EULA and Licensee’s exclusive remedy hereunder shall be limited to an amount of the liability up to a maximum of the sum of the multiple of three times the amount actually paid by the Licensee for the Software. The entire liability of Licensee under any provision of this EULA and Licensor’s exclusive remedy hereunder shall be limited to an amount of the liability up to a maximum of the sum of the multiple of three times the amount actually paid by the Licensee for the Software.
Notwithstanding anything else in section 6, to the maximum extent permitted by applicable law, in no event shall Licensor or its third party suppliers be liable for any loss of income; loss of business profits or contracts; business interruption; loss of the use of money or anticipated savings; loss of information; loss of opportunity, goodwill or reputation; loss of, damage to or corruption of data; special; incidental; punitive; indirect; or consequential damages whatsoever arising out of or in any way related to the use of or inability to use the Software; the provision of or failure to provide Maintenance or other services; information; software; and related content through the Software or otherwise arising out of the use of the Software; or otherwise under or in connection with any provision of this EULA, even in the event of the fault; tort (including negligence); misrepresentation; strict liability; breach of contract; or breach of warranty of Licensor or any third party supplier, (including any such liability for the acts or omissions of its employees, agents and subcontractors); and even if Licensor or any third party supplier has been advised of the possibility of such damages.
(a) the possession, use, development, modification or maintenance of the Software (or any part thereof) by the Licensee other than in accordance with this license, if the infringement would have been otherwise avoided; or
(b) misuse, incorrect use of or damage to the Software from whatever cause (other than any act or omission by; or
(f) any breach of the Licensee’s obligations under this license; or
(g) any modification not authorized by Licensor resulting in a departure from the license; or
(h) any operator error on the part of the Licensee.
Licensee grants Licensor the right to include Licensee as a customer in Software promotional material, including Licensee’s logo. Licensee can deny Licensor this right at any time by submitting a written request via email to email@example.com, requesting to be excluded from Software promotional material. Requests made after Purchasing may take thirty (5) calendar days to process.
The Licensee acknowledges that the Product and all intellectual property rights in relation to the Product are the property of the Licensors and Licensor is entitled to take whatever action it may decide in order to protect its intellectual property rights in the Product. Licensor and the Licensee agree to maintain each other’s confidential information in strict confidence. The parties agree to not reveal each other’s confidential information to any third party or to use each other’s confidential information for any reason other than to exercise rights or obligations clearly contemplated by this Agreement.
This agreement is governed by the laws of Turkey, and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in Ankara, Turkey.