XALT owns all rights, titles and interests on the Application, including all worldwide intellectual property rights and the trademarks, service marks and logos contained therein. The Application is licensed to you directly by XALT, not sold, for use strictly in accordance with the terms of this Agreement.
XALT grants you a revocable, nonexclusive, non-transferable, limited license to download, install and use the Application solely for your personal, noncommercial purposes strictly in accordance with the terms of this Agreement.
ubject to the terms and conditions of this Agreement and provided you have paid the applicable fee (except for free Apps), XALT allows you to (I) download and install one production instance of the Application on your Systems, (II) access (for Cloud App), and (III) use the Application on your Systems for single instance of your Host Application during the term of the Agreement or the applicable subscription term.
Pricing terms and conditions are set out in the “Pricing” section of the Application Details Page and are subject to change.
XALT will deliver the applicable license keys (in the case of Server Applications) or login instructions (in the case of Cloud Applications) to the email address you specified. All deliveries will be electronic. You are responsible for the installation of the Application and its compatibility with your Systems, other hardware, software and services. Any and all payments, delivery, renewals, subscriptions and refunds are handled by and managed through XALT. Please, refer to the “Pricing” section of the Application Details Page and to a relevant Atlassian Marketplace T&C for more information about pricing, delivery, billing, subscriptions, renewals and payment terms.
This Agreement begins upon first installation, download, subscription of any Application by you, whether the Application is provided for evaluation, as a fully licensed version, or in any other form.
This Agreement is effective for the term specified in the “Pricing” section of the Application Details Page.
Without limiting other remedies, XALT may suspend or terminate this Agreement with you, or may terminate or suspend your use of the Application at any time and with no liability to you if:
The Applications by XALT may be connected interoperate or work with, and/or utilize with Third Party APIs / Services. XALT cannot be held liable for any failure or limitations of these APIs or services. Atlassian, or any other API provider, may remove the API end points required for the Application to function properly. XALT cannot be held liable for any failure, limitations or consequences of these APIs or services.
You recognize and acknowledge that:
The purchase price of Server App includes maintenance (version updates and support).
XALT does not undertake to provide maintenance for free Applications. XALT may, at its sole discretion and on its own terms provide maintenance for free Applications.
XALT provides support services for Applications in accordance with its SLA. Support for the Applications consists of online documentation and support via email or phone. Support is available in English and German.
XALT will make updates or upgrades available for Applications, if and when available.
You agree that the information you submit to XALT, including, but not limited to, by electronic means, online forums or collaboration tools, and the usage data of the software, may be used by XALT to facilitate the provision of support or the improvement of the Application. Any information and data that XALT collects from you or your device will be subject to its Privacy Policy.
By entering into this Agreement, you agree that Privacy Policy, as it exists at any relevant time, shall be applicable to you.
Neither party will be liable for any loss resulting from a cause over which it does not have direct control, including but not limited to, the failure of electronic or mechanical equipment or other interconnect problems, unauthorized access, or errors.
In no event will the total liability under any claims arising out of this agreement exceed the license fees paid under this agreement.
To the maximum extent permitted by applicable law, we disclaim all obligations or liabilities with respect to free Applications, including any maintenance, warranty, and indemnity obligations.
You agree to indemnify and hold XALT and its subsidiaries, affiliates, officers, agents, and employees harmless from any claims by third parties, and any related damages, losses or costs arising out of your use of the Application, your violation of these Terms of Use or the Agreement, or your violation of any rights of a third party.
XALT agrees to indemnify, defend and hold harmless you, your affiliates, officers, directors, employees, agents and representatives from and against any and all claims, including, but not limited to, any liability or expense arising from all claims, losses, damages (actual and consequential), rising out of any threatened or actual claim for infringement, breach, or misappropriation of any intellectual property or proprietary right.
XALT reserves the right, at any time and at its sole discretion:
If a revision of the Agreement meaningfully reduces your rights, we will use reasonable efforts to notify you, for example:
You may be required to click through the updated Agreement to show your acceptance.
If you do not agree to the updated Agreement after it becomes effective, you shall discontinue the use of the Application immediately.
Your continued use of the Application after a change or update has been made will constitute your acceptance to the amended Agreement.
If you have any questions about this Agreement, please get in contact with us via info@xalt.de.
Last updated: 18 Nov 2020
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