This End-User License Agreement (EULA) is a legal agreement between you (either as an individual or single entity) and the Frank Polscheit. By installing, copying or using any of my apps for the Atlassian platform (from now on referred to as add-on), you agree to be bound by the terms of this EULA. This EULA is a supplement to the Atlassian Marketplace Terms of Use.
License Terms
You can download, install and use the add-ons, published by Frank Polscheit on the Atlassian Marketplace, as an additional software package to your Atlassian products.
This license is a binding legal agreement between the owner of the Atlassian instance using this add-on and Frank Polscheit.
This Software is copyrighted, and the owner of the copyright claims all exclusive rights to such software, except as licensed to users hereunder and subject to strict compliance with the terms of this license.
Herewith it is assumed that you have read, understood, and have agreed to all terms and conditions using the add-on. If you fail to follow any of the terms and conditions mentioned here, your license to use the add-on shall be immediately and automatically revoked, without any notification by the copyright owner.
Terms and Conditions
- You are allowed to use this add-on on the specified Atlassian product you bought the license for. Only backup copies of the software shall be made for your use to replace the primary copy in the event of unavailability of the primary copy. The backup copies shall retain all copyright notices.
- You are only granted a license for the softcopy, object code portion of the add-on. You may not:
- decompile, modify, adapt, reverse engineer, disassemble, create derivative works from, or otherwise attempt to derive, the Protected Code;
- sell, sublicense, redistribute, reproduce, transmit, circulate, disseminate, translate or reduce to or from any electronic medium or machine-readable form the product or any data/information provided to you through the product to a person;
- vary or amend the authorized use;
- publish, circulate, promote, broadcast or refer publicly to the name "Frank Polscheit" or my logo without the prior written consent of Frank Polscheit;
- commit any act or omission the likely result of which is that the reputation of Frank Polscheit will be brought into disrepute or which act or omission could reasonably be expected to have or does have a material and adverse effect on his interests.
- copy or embed elements of the available code into other applications.
- The add-on shall not be distributed, recopied, published, assigned, sold, bargained, conveyed, transferred, pledged, leased or granted any further rights to use.
- The add-on is protected by copyright and other intellectual property laws and treaties. The add-on is licensed to you directly by Frank Polscheit - not sold. Therefore you acknowledge and agree that the licenser retains all copyrights and other proprietary rights in and to the software.
- Your license to use the add-on shall be revocable by the licenser upon you in writing. This license shall be automatically terminated upon your violation of the terms hereof or upon your use of the add-on beyond the scope of the license provided herein.
- Using the add-on beyond the scope of this license shall constitute the copyright infringement that is sued according to the law.
- This license shall be active and bind you upon your downloading of the add-on.
- The add-on 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. That includes, without limitation, that Frank Polscheit does not warrant that the add-on will be error-free, complete, or correct. For evaluation purposes, you can retrieve a 30-day free trial license via the Atlassian Marketplace.
- I may identify you as a customer in my promotional materials, and include your company name and logo on the client list. You may request that I stop doing so by submitting a request to frank@polscheit.de. Please note that it may take us up to 30 days to process your request.
- Frank Polscheit and corporate partners or potential subcontractors disclaim any and all warranties, expresses or implied, relative to the add-on for a particular purpose or merchantability. The listed parties are not liable or responsible for any damage, loss of data, negative financial impacts, injuries or liabilities caused directly or indirectly of the use of the add-on, including but not limited to incidental, consequential or special damages. Under no circumstances, the licensors responsibilities are beyond the value (if at all) of the paid services after the occurring of any of the listed incidents. The previous section is your sole and exclusive right for recourse of any infringement. The exclusion as mentioned above of liability and limitations will be applied regardless of whether you accept the software, updates or upgrades.
- The laws of Germany govern this agreement, and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the court. You agree that all controversies about the add-on shall be brought in the courts of the licenser.
- Licenser's failure to enforce any rights hereunder or its copyright in the software shall not be construed as amending this agreement or waiving any of licenser's rights hereunder or under any provision of a state of the federal law.
- Licenses granted by Frank Polscheit are granted subject to the condition that you must ensure the maximum number of authorized users that can access and use the add-on concurrently is equal to the number of user licenses for which the necessary fees have been paid to. You may purchase additional user licenses at any time: Atlassian is my official reseller and will generate the necessary license keys as well as invoices. "User license" means a license granted under this EULA to you to permit an authorized user to use the add-on. The number of user licenses granted to you is dependent on the fees paid by you. "Authorised user" means a person who accesses and uses the add-on under the EULA and for which the necessary fees have been paid to Frank Polscheit via Atlassian.