End-User Licence Agreement
Introduction
This End-User Licence Agreement ("EULA") constitutes a binding contract between you and Forged Solution. It prescribes the terms and conditions for acquiring and using the Apps provided by Forged Solution through the Atlassian Marketplace. Before installing and utilizing the Apps, kindly review this agreement carefully, as it offers a licence for using the Apps and contains warranty details and liability disclaimers.
By clicking "accept" or installing and/or using the App, you confirm your approval of the software and agree to adhere to the terms of this agreement.
If you are entering into this agreement on behalf of a company or other legal entity, you declare that you possess the authority to bind such entity and its affiliates to these terms and conditions. If you lack such authority or disagree with the terms and conditions of this agreement, refrain from installing or using the software, and do not accept this agreement.
This agreement pertains solely to the Apps provided by Forged Solution, regardless of any reference to or description of other software. The terms also apply to any updates, supplements, and support services for the Apps, unless other terms accompany those items upon delivery. If so, those terms apply.
Definitions
"Apps" or "Software Product" denotes all software products to be licensed and incorporates any software product updates periodically supplied by Forged Solution to the Licensee.
"Authorized Use" denotes the installation of one or more apps chosen in an Atlassian Cloud instance and the Apps' utilization by Authorized Users for the Licensee's internal business purposes in compliance with this agreement's terms.
"Authorized User" denotes a named user who accesses and employs the apps under this agreement. The number of Authorized Users must not exceed the number of users procured by Licensee on the Atlassian Marketplace.
"Deployment System" or "Test System" refers to a separate instance exclusively used for deployment or testing purposes.
"Licensee" refers to the individual, company, organization, or other entity on whose behalf you order one or more of the Apps and enter into this EULA.
"Licence Fee" denotes the total sum paid and payable to Forged Solution by the Licensee for the Apps' licence and usage.
"Licence Term" refers to the duration of each Apps licence. The term will be specified in your Order.
Licence Grant
Subject to this agreement's terms, Forged Solution grants the Licensee a personal, non-transferable, and non-exclusive license to use the Apps for Authorized Use.
The Licensee may install the apps as part of an Atlassian application installation, such as Jira or Confluence, under the Licensee's control or in an Atlassian Cloud instance. The Licensee is responsible for ensuring compatibility between the Atlassian applications and the App software product they are installing. Additionally, the Licensee is allowed to install the software on a Sandbox-System.
The Licensee is not permitted to:
Modify, edit, alter, adapt, translate or change any part of the software or allow any part of the software to be combined with or incorporated into any other software, nor decompile, disassemble, or reverse engineer the Apps or attempt any such actions.
Reproduce, duplicate, distribute, resell, or use the Apps for any commercial purpose.
Permit any third party to use the Apps on behalf of or for the benefit of any third party.
Employ the Apps in any manner that violates any applicable local, national, or international law.
Use the Apps for any purpose that Forged Solution considers inappropriate or unlawful.
Intellectual Property Rights
All intellectual property rights in the Apps, including but not limited to patents, copyrights, trademarks, and trade secrets, are and will remain the exclusive property of Forged Solution or its licensors. The Licensee does not acquire any rights, express or implied, in the Apps, other than those specified in this EULA.
Support Services
Forged Solution may provide the Licensee with support services related to the Apps ("Support Services"). Any supplemental software code provided by Forged Solution as part of the Support Services will be considered part of the Apps and subject to the terms and conditions of this EULA.
Termination
This EULA is effective until terminated. The Licensee's rights under this EULA will terminate automatically if the Licensee fails to comply with any of its terms. In such cases, the Licensee must cease using the Apps and destroy all copies of the Apps and any related documentation.
Upon termination of this EULA, the Licensee must promptly discontinue using the Apps and delete all copies of the Apps and associated documentation from their systems.
Warranty Disclaimer
The Apps are provided "as is" without warranty of any kind, either express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Forged Solution does not warrant that the Apps will meet the Licensee's requirements or that the operation of the Apps will be uninterrupted or error-free, or that defects in the Apps will be corrected.
Limitation of Liability
In no event will Forged Solution be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use or inability to use the Apps or the provision of or failure to provide Support Services, even if Forged Solution has been advised of the possibility of such damages. In any case, Forged Solution's entire liability under any provision of this EULA shall be limited to the amount actually paid by the Licensee for the Apps.
Governing Law
This EULA will be governed by and construed in accordance with the laws of the jurisdiction in which Forged Solution is located, without regard to conflicts of law principles. The Licensee agrees to submit to the exclusive jurisdiction of the courts in that jurisdiction for any disputes arising out of or in connection with this EULA.
Entire Agreement
This EULA constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between the parties relating to the subject matter of this EULA. No amendment, modification, or waiver of any provision of this EULA will be effective unless in writing and signed by both parties.
Severability
If any provision of this EULA is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this EULA will otherwise remain in full force and effect and enforceable.
Amendments and Modifications
Forged Solution reserves the right to revise or amend this EULA from time to time. Any changes to the EULA will become effective upon the installation of the App or renewal of the License Term, Subscription Term, or Support and Maintenance term, as applicable. If the Licensee objects to the updated EULA, their sole remedy is to choose not to renew, including cancelling any terms set to auto-renew. The terms and conditions of the EULA in effect at the time of the Order shall apply to that Order.
Communications & Marketing
Forged Solution may use the Licensee's contact information to send communications via email, including responses to inquiries, requests for customer support, technical notices, updates, security alerts, and administrative messages. Forged Solution may also send promotional messages and information about new product offerings. The Licensee may opt out of receiving such communications at any time.
By accepting the terms of this EULA, the Licensee also grants Forged Solution the right to use the Licensee's company name and logo as a reference for marketing and promotional purposes. This may include, but is not limited to, listing the Licensee's company name and logo on Forged Solution's website, customer lists, and in promotional materials. If the Licensee wishes to revoke this permission, they must provide a written request to Forged Solution, who will then remove the company name and logo from its promotional materials within a reasonable time frame.
Data Protection
If the Licensee is located within the European Economic Area (EEA), Forged Solution will collect and process personal data only in accordance with applicable EU data protection laws. Forged Solution will collect and use personal data only where it is necessary to provide services related to the Apps, for research and development purposes, to market and promote the Apps, to protect legal rights and interests, or to comply with legal obligations.
Force Majeure
Neither party shall be liable for any failure or delay in the performance of its obligations under this EULA due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, strikes, labor disputes, failures or delays in transportation, or the inability to obtain necessary labor, materials, or supplies.
Atlassian Forge Terms
The Apps provided by Forged Solution are developed using the Atlassian Forge platform. By accepting the terms of this EULA and using the Apps, the Licensee acknowledges and agrees that they must also accept and comply with the terms and conditions set forth in the Atlassian Forge Developer Terms, which can be found at https://developer.atlassian.com/platform/forge/developer-terms/ . The Licensee's use of the Apps constitutes acceptance of these additional terms, and any violation of the Atlassian Forge Developer Terms may result in the termination of this EULA and the Licensee's access to the Apps.