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.
This EULA applies from the date when the Licensee receives the Software from a Reseller or Licensor (“Purchase”).
By installing, copying, downloading or otherwise using in any way the Software, or by clicking a box indicating your acceptance, you agree to be bound by the terms of this EULA as Licensee. If you are entering into this agreement on behalf of an entity, you represent that you have the authority to bind such entity to the EULA and are agreeing to the EULA on its behalf.
IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT INSTALL, COPY, DOWNLOAD OR OTHERWISE USE THE SOFTWARE.
By installing and using the Software, Licensee assures that he will use the Software only in the pursuit of your commercial, academic or self-employed professional activities.
The Software is licensed, not sold. Upon Licensee’s acceptance of this EULA, Licensor grants the Licensee a worldwide, non-exclusive and a non-transferable right to use the Software subject to the conditions below.
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.
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
Each license granted by Licensor under this Agreement is worldwide, non-exclusive and non-transferable, unless otherwise specified in writing.
Licensee 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.
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.
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.
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.
Purchase and Payment Terms
The Licensee must pay all Fees by the due date and in the manner directed at the time of Purchase of the Software. Failure to pay Fees by the due date will result in the immediate termination of the licenses granted under this Agreement.
The Licensor may require additional reasonable compensation for additional expenditure caused by the Licensee’s conduct in breach of contractual obligations or by the Licensee’s failure to cooperate at all, in good time or as agreed, by the Licensee’s use of the Software contrary to the intended purposes or the terms this Customer Agreement, or by the subsequent amendment or expansion of performance demands by the Customer. This shall not apply where the Licensee is not responsible for the additional expenditure.
Licensor will provide online technical support to the Licensee, to one designated contact specified by the Licensee in connection with the purchase of the Software. The Initial “Support Period” is for twelve (12) months starting at the time of the purchase, and may be renewed for additional twelve (12) month periods (“Renewal Period”) 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.
Use of Support Services, if any, is governed by Licensor’s policies and programs described in any users manual, in online documentation, and/or other Licensor-provided materials. Any supplemental Software code provided to you as a part of Support Services will be considered part of the Software and subject to the terms of this EULA. With respect to technical information you provide to Licensor as part of the Support Services, Licensor may use such information for its business purposes, including for product support and development. Licensor will not utilize such technical information in a form that personally identifies you except to the extent necessary to provide you with support.
Intellectual Property Rights
Licensor retains all rights, title and interest in and to the Software (other than Embedded Software), as well as all intellectual property rights (such as copyright, patent and trademark) in and to the Software not expressly granted to Licensee in this Agreement.
All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music and text incorporated into the Software), the accompanying printed materials, and any copies of the Software, are owned by Licensor or its suppliers. This EULA grants you no rights to use such content. If this Software contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. Except for any copies of this EULA, you may not copy the printed materials accompanying the Software.
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.
Privacy and Communication
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 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.
This Software and the accompanying files are provided as is and without warranties as to performance or merchantability or any other warranties whether expressed or implied. Because of the various hardware and software environments into which the Software may be installed, no warranty or fitness for a particular purpose is offered.
Proper data processing procedure dictates that any program or Software should be thoroughly tested with non-critical data prior to reliance on the program or Software. You hereby agree to assume the entire risk of using the program or Software.
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.
Limitation of liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL LICENSOR OR ITS PARTNERS OR DISTRIBUTORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF LICENSOR'S LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION, EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. LICENSOR’S AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO LICENSOR FOR THE SOFTWARE.
This EULA represents the complete agreement concerning the license for the Software between the parties and supersedes all prior agreements and representations between them.
Licensor 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.
This Agreement shall be applied, governed by and construed in accordance with Hungarian law, without regard to or application of choice of law rules or principles.
Any dispute arising out of, or in connection with, this Agreement shall be exclusively resolved before the Hungarian general courts.