From time to time, the Publisher may modify this Agreement, including any referenced policies and other documents. Any modified version of this document will be effective at the time it is posted. To keep abreast of your license rights and relevant restrictions, please bookmark this Agreement and read it periodically. By using the applicable Marketplace App after any modifications, the End User agrees to all of the modifications. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
(i) The Publisher grants you a limited, worldwide, non-exclusive, non-transferable license to install and use the Marketplace App only on the Atlassian systems owned, leased or controlled by you. (ii) You may not modify, reverse engineer, decompile or disassemble the Marketplace App in whole or in part, create any derivative works from the Marketplace App or sub-license any rights in the Marketplace App unless otherwise expressly authorized in writing by the Publisher. (iii) The Marketplace App is protected by copyright and other intellectual property laws and treaties. The Publisher owns all title, copyright and other intellectual property rights in the Marketplace App. The Marketplace App is licensed to you directly by the Publisher.
To the maximum extent permitted by applicable law, this software is provided "as is", without warranty of any kind, express or implied. You agree that you bear all risks associated with using or relying on the Marketplace App. The Publisher hereby disclaims all warranties, including but not limited to any implied warranties of title, non-infringement, merchantability or fitness for a particular purpose relating to the Marketplace App. In no event shall the Publisher be liable or responsible for any claim, damages (including, but not limited to, procurement of substitute goods or services; loss of use, data or profits; or business interruption) or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the Marketplace App.
Compliance with Law and Reservation of Rights
You will use the Marketplace App in compliance with all applicable laws. You do not acquire any ownership rights in the software as a result of installing or using the Marketplace App.
Support and Maintenances
Any support and maintenance of the Marketplace App shall be provided by the Publisher on a best-effort basis for valid license holders. Failure of the Publisher to provide support and maintenance will not entitle you to any remedies from the Publisher. Support requests must be reported via the issue tracking system as described on the Publisher's page in the Atlassian Marketplace. In order to provide support, the Publisher may occasionally require logs, screenshots, or other supporting materials. These supporting materials must be anonimized by you and will not be shared with anyone without your written consent (for example submitting part of the supporting material to Atlassian for investigation).
Third party APIs or services
This Marketplace App uses, requires and depends on various third party APIs. The Publisher 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 Marketplace App to function properly. In no event can the Publisher be held liable for the consequence of such actions by such third parties.
Consent to Use of Data
You agree that the information you submit to the Publisher, including, but not limited to, by electronic means, online forums or collaboration tools, and the usage data of the software, may be used by the Publisher to facilitate the provision of support or the improvement of the software. It may also be used anonymously for data aggregation and to provide support to existing or future customers. Before quoting your reference on marketing materials, the Publisher will request your permission.
You acknowledge that the Cloud Apps are on-line, subscription-based products, and that in order to provide improved customer experience we may make changes to the Cloud Apps, and we may update the applicable documentation accordingly. Cloud Apps are made available on a limited access basis, and no ownership right is conveyed to you, irrespective of the use of terms such as “purchase” or “sale”. We and our licensors have and retain all right, title and interest, including all intellectual property rights, in and to our technology (including the Cloud Apps). However, you retain all right, title and interest in and to your data in the form submitted either to Atlassian Products or the Cloud Apps. Subject to these Terms, and solely to the extent necessary to provide the Cloud Apps to you, you grant us a worldwide, limited term license to access, use, process, copy, distribute, perform, export, and display your data. Solely to the extent that reformatting your data for display in a Cloud App constitutes a modification or derivative work, the foregoing license also includes the right to make modifications and derivative works. All further terms and rights for Cloud Apps are in accordance with the Atlassian Cloud Terms of Service Agreement.
Usefulness and Suitability
The Atlassian Marketplace provides evaluation licenses for you to evaluate the usefulness and suitability of the Marketplace App for your purposes. The Publisher does not warrant or claim any suitability or fit for the Marketplace App and encourages you to evaluate the App before purchasing. It is your responsibility to test/verify any new product and product upgrade prior to installing the Marketplace App in a production environment. Users are encouraged to seek external professional advice, if needed, before committing to a purchase. The Publisher relies on the Atlassian policies and tools for evaluation and purchase management.
No information provided by the Publisher is contractual unless explicitly specified.