End User License Agreement
This End User License Agreement (“Agreement”) is between you, the customer that installs or uses the app (“Customer” or “you”), and Modern Glow Software [TODO: legal name and address] (“we” or “us”). It covers our apps distributed through the Atlassian Marketplace, including Filtered Activity Stream (each an “App”). By installing, accessing or using an App you agree to this Agreement. If you do not agree, do not install or use the App.
1. Relationship to the Atlassian Marketplace terms
Apps are sold and licensed through the Atlassian Marketplace. Your purchase is also subject to the Atlassian Marketplace Terms of Use. Atlassian is not a party to this Agreement and is not responsible for the App.
2. License
Subject to this Agreement and payment of applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable license to use the App with your Atlassian product for your internal business purposes, for the number of users and the term of the license you purchased through the Atlassian Marketplace, including any free trial.
3. Restrictions
You will not, and will not allow others to: (a) copy, modify or create derivative works of the App; (b) reverse engineer, decompile or try to obtain the App's source code, except where applicable law expressly permits it; (c) sell, rent, lease, sublicense or otherwise transfer the App; (d) remove proprietary notices; or (e) use the App in breach of law or of Atlassian's terms.
4. Ownership
We and our licensors own all rights in the App. No rights are granted except as expressly stated in this Agreement. If you send us feedback, we may use it without obligation to you.
5. Your data
You keep all rights in your data. The App processes your data only to provide its features and only inside Atlassian's platform, as described in our Privacy Policy.
6. Fees and refunds
Fees, billing and refunds are handled by Atlassian under the Atlassian Marketplace terms.
7. Support and updates
We provide support as described on our Support page. We may update the App from time to time, including to add, change or remove features.
8. Term and termination
This Agreement lasts as long as you hold a valid license. It ends automatically if your license expires or is not renewed, or if you breach this Agreement and do not fix the breach within 30 days of notice. On termination you must stop using the App and uninstall it. Sections 4, 9, 10, 11 and 13 survive termination.
9. Warranty disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE APP. OUR TOTAL LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE FEES YOU PAID FOR THE APP IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
11. Indemnity
You will defend and indemnify us against third-party claims arising from your use of the App in breach of this Agreement or of applicable law.
12. Changes to this Agreement
We may update this Agreement. Changes take effect when posted on this page and apply to renewals and new purchases after that date.
13. General
This Agreement is governed by the laws of [TODO: governing law and venue], without regard to conflict-of-law rules. If any provision is unenforceable, the rest remains in effect. This Agreement, together with the Atlassian Marketplace terms, is the entire agreement between you and us about the App. You may not assign it without our consent.