This End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and DSR Corporation ("DSR"). This Agreement governs your use of the App identified in the Order including all related documentation. The App is licensed, not sold, to you. If End User is an entity, the person accepting this Agreement acknowledges that he or she is binding the entire entity, and represents that he or she has authority to do so.
BY DOWNLOADING,INSTALLING OR USING THE APP YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE AND DULY AUTHORIZED BY THE END USER TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT END USER IS LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APP. ANY CAPITALIZED TERMS USED HEREIN AND NOT OTHERWISE DEFINED SHALL HAVE THE MEANING ATTRIBUTED TO THEM IN THE ATLASSIAN MARKETPLACE TERMS OF USE (https://www.atlassian.com/licensing/marketplace/termsofuse#your-orders )
1. License Grant; Data Collection at Installation.
In consideration for the payment by End User of the fees and subject to the provisions of this Agreement, DSR grants to End User a limited, non-exclusive, non-transferable and non-sublicensable license to install and use the App in accordance with the authorized scope of use set forth in the Order for your internal business purposes only. You may increase the authorized scope of use at any time upon the payment of the applicable fees.
During installation the App may collect certain information from the computer on which it is installed regarding[SB1] the host software with which it is used (e.g. Jira or Confluence), such as identification of the host software and its license type. Additionally, the App may contain certain user tracking features that enable DSR to collect certain information regarding Your App usage to help improve the overall usability of the App. This information is used by DSR to evaluate and improve product installations and DSR’s products and services. DSR may also share it with the vendor of the host software for their use in improving their products and services. DSR does not collect user information such as names or emails of end users.
2. License Restrictions; Reservation of Rights.
End Users do not receive title to the App or to any part thereof. DSR and its licensors retain all right, title and interest, including the intellectual property rights, in and to the APP and related copyrights, patents, trademarks, trade secrets and trade dress. You shall not remove or alter any proprietary notices, labels, or trademarks on the App or accompanying documentation. You shall not modify, translate, copy, reproduce, reverse engineer, disassemble, decompile, decrypt or otherwise derive source code from the App or any portion thereof or the accompanying documentation (other than to the limited extent restrictions on reverse engineering are prohibited by applicable law), or use the App as a basis for the preparation of other software programs or derivative works, or use the App in any manner that infringes the intellectual property or other rights of DSR or any other party. Use of the App for timesharing or service bureau purposes is expressly prohibited. DSR or its licensors may modify or discontinue offering the App at any time. ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER ARE RESERVED TO DSR AND ITS LICENSORS.
3. Free Trial Period
If you have selected a free trial period, you shall use the App for internal evaluation purposes only. After expiration of the trial period, if you do not place an order for the App and pay the license fees, the App will cease to function and you must cease using and delete all copies of the App and any related license or access keys.
4. Maintenance Updates and Technical Support.
If specified in the Order, DSR will provide Maintenance and Technical Support according to the Maintenance and Support Plan purchased by the End User.
Maintenance Updates. DSR may from time to time in its sole discretion develop and provide maintenance updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). You will receive email notice of the Updates with installation instructions. You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App.
Technical Support. Technical Support shall be provided via email and telephone for the sole purpose of addressing technical issues relating to the use of the App. Support Services also include installation, troubleshooting problems with the App and , identifying intermediate solutions. The Support Period shall be as specified in the Order with fees charged at the then current rate.
5. Disclaimer of Warranties.
THE APP IS PROVIDED "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DSR, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, DSR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DSR OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, OR DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR DSR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
7. Indemnification.
You agree to indemnify, defend, and hold harmless DSR and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the App or your breach of this Agreement.
8. Term and Termination.
This Agreement shall commence on the date of acceptance and continue in effect for the duration of the subscription term specified in the Order and any renewals thereof. Your rights under this Agreement will terminate automatically and irrevocably without notice from DSR if You fail to comply with any term(s) of this Agreement, including without limitation, if you violate the prohibition on assignment or if your use of the App exceeds the authorized scope of use. Upon termination, the license granted hereunder shall terminate and You shall immediately discontinue all use of the App and destroy and remove from all computers, hard drives, networks and other storage media all copies of the App. Sections 2, 5, 6, 7 and any other provisions of this Agreement which by their nature should survive such termination, will remain in effect. All fees paid in relation to the App are non-refundable.
9. Export Laws and Regulations.
You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, Apps may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S Treasury Department’s list of Specially Designated Nationals and Consolidated Sanctions list or the U.S. Department of Commerce’s Denied Persons, Entity, or Unverified Lists. By using the App, you represent and warrant that you are not located in any such country or on any such list. You agree not to use or provide the Apps for any prohibited end use, including to support any nuclear, chemical, or biological weapons proliferation, or missile technology, without the prior permission of the United States government.
10. General Provisions.
Assignment. You shall not assign or transfer the license granted herein or this Agreement without the prior written consent of DSR.
Integration. This Agreement constitutes the entire understanding between You and DSR with regard to the subject matter hereof.
Modifications in Writing. No waiver, modification or amendment of this Agreement shall be valid unless set forth in a writing signed by authorized representatives of both parties.
Independent Contractors. The relationship of the parties is that of independent contractors. Nothing in this Agreement authorizes either party to bind the other, to incur any liability on behalf of the other, or to act as an agent for the other.
Headings. The headings in this Agreement are intended solely for convenience and shall be given no effect in the construction of this Agreement.
Governing Law; Jurisdiction. This Agreement shall be governed and interpreted by the laws of the State of Colorado without regard to conflicts of laws principles. The Parties agree that the appropriate courts located in the City and County of Denver shall have sole and exclusive jurisdiction and venue over any dispute arising out of or in connection with this Agreement, and the parties hereby submit themselves to the jurisdiction of said courts. NOTWITHSTANDING ANYTHING IN THIS SECTION TO THE CONTRARY, DSR MAY ENFORCE ITS INTELLECTUAL PROPERTY RIGHTS IN ANY APPROPRIATE JURISDICTION.
Statute of Limitations. No action, regardless of form, may be brought by either party more than one year after the cause of action arose, except for an action for non-payment, which can be brought at any time.
