IMPORTANT – READ CAREFULLY: The END USER LICENSE AGREEMENT (hereinafter referred to as EULA) is a legal agreement between you (either an individual or a single entity) and Fulstech, Inc. (hereinafter referred to as FULSTECH) for the Atlassian Add-on (hereinafter referred to as SOFTWARE). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA.
1.Grant of License
- The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
- This license grants you the limited, worldwide, non-exclusive to install and use the SOFTWARE for the number of licensed users.
- You are allowed to copy the software for backup, archival as well as testing purposes.
- You may not sell, transfer or convey the Software to any third party without FULSTECH’ prior express written consent.
2. Ownership and Reservation of Rights
- All rights of any kind, which are not expressly granted by the present EULA, are entirely and exclusively reserved to and by FULSTECH.
- The Software is licensed, not sold. You do not acquire any ownership rights as a result of downloading, installing or using the SOFTWARE.
- You may terminate this EULA at any time by destroying all your copies of the Software.
- The license will automatically terminate if you fail to comply with the terms of this agreement.
- On termination, you are required to remove the SOFTWARE from your computer and destroy all copies of the Software and Documentation and all its component parts.
- There shall be no refund or adjustment for amounts paid by you to FULSTECH.
- The provisions of the present EULA which by their nature extend beyond the termination date of the EULA will survive and remain in effect and enforceable until all obligations are fully satisfied.
4. Infringement Indemnification
- FULSTECH will hold YOU harmless, defend and indemnify You, against a third party claim to the extent based on an allegation that the SOFTWARE infringes a third party intellectual property right, provided that FULSTECH: (a) is promptly notified and furnished a copy of such Claim, and all other documents that the claim is based on (b) is given reasonable assistance in and sole control of the defense thereof and all negotiations for its settlement.
- If the SOFTWARE becomes, or in the opinion of FULSTECH may become, the subject of a Claim, FULSTECH may, at its option and in its discretion: (a) procure for YOU the right to use the SOFTWARE, free of any liability; (b) replace or modify the SOFTWARE to make it non-infringing; or (c) terminate your right to continue using the SOFTWARE and refund, in this case, any license fees related to the SOFTWARE paid by YOU.
5. Limitation of Liability
- Except for the indemnification clause, neither party will be liable to any person for the use of the SOFTWARE.
- In no event will the total liability under any claims arising out of this agreement exceed the license fees paid under this agreement.
6. Entire Agreement
- This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them.
- FULSTECH may amend or modify this EULA at any time without having to notify you or obtain your prior approval.
- If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall remain in full force and effect.