The XALT App End User License Agreement
Please read this End User License Agreement carefully before downloading or using the Application. By downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not download or use the Application. If you accept this Agreement on behalf of your employer or any other company or organization, you represent and warrant that you have full authority to act and bind this legal entity.
This Agreement constitutes the “End user license agreement” for the purposes of Section 3(a) of the Atlassian Marketplace Terms of Use.
Applications by XALT are licensed under the provisions of the “Standard EULA” from the “Atlassian Marketplace Terms of Use” as a “Marketplace Product”. XALT is the “Publisher” of the “Marketplace Product”. This document applies to all Applications provided by XALT through the Atlassian Marketplace.
1. Ownership
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.
2. Grant of license
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.
- The Application is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
- XALT grants you the limited, worldwide, revocable, non-exclusive, non-transferable, non-assignable and non-sublicensable license to install and use the application for the number of licensed users.
- You are allowed to copy the Application for backup, archival as well as testing purposes.
- You may not sell, transfer, modify, reverse engineer, decompile or disassemble the application in whole or in part, create any derivative works from the Application or sub-license any rights in the Application without XALT’s prior express written consent.
3. Payment and Pricing
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.
4. termination
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.
- You may terminate this Agreement at any time by destroying all your copies of the Software.
- The license will automatically terminate if you fail to comply with the terms of this agreement.
- On termination, you are required to remove the Application from your computer and destroy all copies of the Software and Documentation and all its component parts.
- There shall be no refund or adjustment for amounts paid by you to XALT.
- The provisions of the Agreement which by their nature extend beyond the termination date of the Agreement will survive and remain in effect until all obligations are fully satisfied.
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:
- You violate any term of this Agreement.
- You infringe proprietary rights, rights of privacy, or intellectual property rights.
- You engaged in other actions relating to the usage of the Application that may be illegal or cause liability, harm, abuse or disruption for you, other users, XALT, or any other third parties.
- We have not received our corresponding payment for the Application.
5. Third party APIs and services
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:
- Use of any Third-Party Service and information will be governed by the applicable license agreements or terms of services, if any, with such third party. You shall comply with the terms of these agreements.
- XALT conducts no investigation or review of any of such Third-Party Services, and does not recommend, endorse, approve or disapprove of any of them.
6. Maintenance (Updates and Support)
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.
7. Data Collection and Privacy Policy
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.
8. Limitation of Liability
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.
9. Indemnification
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.
10. Modifications
XALT reserves the right, at any time and at its sole discretion:
- To modify or revise this Agreement.
- To update or modify Documentation.
- To make changes, update or discontinue the Application or any feature or functionality at any time.
- To terminate or restrict access to the Application.
If a revision of the Agreement meaningfully reduces your rights, we will use reasonable efforts to notify you, for example:
- By sending an email to the contact you designate;
- By posting the amended Agreement to XALT’s website; or
- In the Application itself.
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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