This End-User License Agreement (“EULA”) states the terms and conditions agreed between you (“Licensee”) (either an individual or a single legal entity), and Everit Kft. (“Licensor”) to use the Software.
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By installing and using the Software, Licensee assure assures that he will use the Software only in the pursuit of your commercial, academic or self-employed professional activities.
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The Software is licensed, not sold. Upon Licensee’s acceptance of this EULA, Licensor grants the Licensee the nona worldwide, non-exclusive and a non-transferable right to use the Software subject to the conditions below.
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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. Licensee may purchase additional users at any time on payment of the appropriate fee to the Reseller or the Licensor. The Licensee is aware that the number of Authorized Users must be equal or higher to the number of Authorized Users of the respective Atlassian Software; otherwise, the Software will no longer function..
Evaluation License
The Licensee may evaluate the Software free of charge for a period of 30 days by downloading the Software via the button "Try it free" on the Licensor's Marketplace page. Such evaluation copies will be provided under an Evaluation License that limits the period during which the Licensee may download, install, use and operate the Software (“Evaluation Period”). The Licensee may renew the Evaluation License five times, each time by downloading the Software via the button "Try it free" on the Licensor's Marketplace page again. With the expiry of each Evaluation Period, the Software will automatically stop functioning.
General License Terms
Scope
Each license granted by Licensor under this Agreement is worldwide, nonexclusive non-exclusive and non-transferable, unless otherwise specified in writing.
Licensee agree agrees not to (a) decompile, reverse engineer, disassemble, modify, adapt, create derivative works from, or otherwise attempt to derive, any part of or the whole of the Software; (b) sell, sublicense, distribute, reproduce, transmit, circulate, disseminate, translate or reduce to or from any electronic medium or machine-readable form any part of or the whole of the Software or any data/information not owned by the Licensee; (c) make the Software available by rental, timesharing, a subscription service, hosting or outsourcing; and (d) directly or indirectly access or use any Embedded Software independently of the rest of the Software.
Duration
Subject to the terms of this Agreement and unless terminated earlier in accordance with this Agreement, the term granted hereunder shall be: (a) for a Paid License of the downloaded Software - perpetual; (b) for a Cloud Product - the period of time of the Paid License subscription or renewal, or (c) for an Evaluation License - the Evaluation Period.
Protection Mechanisms
The Software includes license protection mechanisms that are designed to manage and protect the intellectual property rights of Licensor and its third-party suppliers. The Licensee must not modify, alter, attempt to defeat or defeat such protection mechanisms or the use rules that the protection mechanisms are designed to enforce. Any such violation by the Licensee will result in the immediate termination of this license.
Permitted Computers
Except as otherwise agreed in writing by Licensor, the Licensee must only install the Software and make the Software available for use on hardware systems owned, leased or controlled by the Licensee.
Responsibility for Non-controlled systems
If Licensor permits the Licensee to install the Software or make the Software available for use on hardware systems not owned, leased or controlled by the Licensee (“Non-controlled Systems”), the Licensee will ensure the terms of this Agreement are complied with by users of such Non-controlled Systems and the Licensee will indemnify Licensor for all costs, damages and loss Licensor suffers arising from such installation or use of the Software on Non-controlled Systems.
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Licensee may not remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings on or in the Software. The Licensee is not granted any rights to any trademarks or service marks of Licensor.
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Licensor will handle Licensee's data as described in Privacy Policy.
Termination
The Agreement may be terminated by Licensor at any time, subject to a notice period of thirty (30) days. The Agreement may be terminated by the Licensee at any time, by uninstalling the Software and notifying Licensor. On termination of this Agreement, the Licensee shall no longer be entitled to use the Software. If the Licensee breaches any terms or conditions of this Agreement or fails to pay the applicable license fee for the Software, Licensor shall have a right to terminate the Agreement with immediate effect and demand compensation from the Licensee for all damage incurred by Licensor.
On termination Licensee must cease access to and cease stop to use of the Software; remove all copies of the Software from its computer systems or any Un-controlled Systems, including archival or backup systems.
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Licensor will use reasonable commercial efforts to provide solutions for any reported malfunctions. THIS IS A LIMITED WARRANTY, AND IT IS THE ONLY WARRANTY MADE BY LICENSOR. LICENSOR MAKES NO OTHER WARRANTY, REPRESENTATION, OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THE DURATION OF IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD. NO LICENSOR PARTNER, DISTRIBUTOR, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY. If you make any modifications to the Software during the warranty period, if the media is subjected to accident, abuse, or improper use, or if you violate the terms of this EULA, then this warranty shall immediately be terminated. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software which the Software was designed to be used as described in the Documentation.
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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.
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