End-User License Agreement (EULA)

This end user licence agreement governs the purchase and use of the Add-on, sold in the Atlassian Marketplace. The purchase of the Add-on is normally made via the Atlassian Marketplace. The Add-on is made available by kreuzwerker GmbH, Ritterstr. 12-14, 10969 Berlin, Germany, info@kreuzwerker.de.

This EULA is a supplement to the Atlassian Marketplace Terms of Use.

 

1. Definitions 

The following definitions apply:

1.1. When we refer to “we“, “us” or “our“, we mean the Company (kreuzwerker GmbH).

1.2. When we refer to “you”, we mean a Purchase of the Add-on has been taken out for a company or other organisation, on whose behalf you are acting.

1.3. These Terms set out the terms on which you can order the Add-on and the terms on which you may use the Add-on.

1.4.  We only use your personal information in accordance with our privacy policy (available here:
Privacy Policy).

1.5. While your use of Add-on is governed by these Terms, your access to and use of Atlassian applications is governed by the terms posted on the Atlassian website (available here for cloud: https://www.atlassian.com/legal/cloud-terms-of-service. You are responsible for ensuring that your use of the Atlassian application complies with any applicable terms of service or other agreements that apply to it.

1.6. “Atlassian” means Atlassian Pty Ltd, Level 6, 342 George Street, Sydney NSW 2000, Australia, and any of its subsidiary or associated companies.

1.7. “Atlassian Marketplace” is an online marketplace accessed via the following link, https://marketplace.atlassian.com/.

1.8. “Your Data” means any data, you upload to our infrastructure.

2. Order

2.1. You will need to register an account with Atlassian in order to access the Add-on.

2.2. In order to submit an Order via the Atlassian Marketplace you follow the procedures set out on the Atlassian Marketplace.

2.3. You are responsible for ensuring that your Order is complete and accurate.

2.4. The terms on which you may use the Add-on will become legally binding on you and us when you install the Add-on. Your Order will become legally binding when Atlassian sends you the Confirmation Email.

3. Providing the Add-on

3.1.  You are responsible for ensuring that you have and maintain all the hardware and software necessary to access Add-on.

3.2.  You are responsible for making all arrangements necessary for you to have access to the Add-on. 

3.3.  We shall endeavour to provide constant, uninterrupted access to the Add-on. However, please note that:

a) we may suspend, withdraw, discontinue or change parts of the Add-on without notice, provided that it does not affect the overall provision of the services to you;

b) from time to time we may need to close access to the Add-on to carry out upgrades and/or maintenance.

4. Your Data

4.1.  You will retain ownership of and all intellectual property rights pertaining to Your Data.

4.2. You grant us a non-exclusive right to copy, store and process Your Data in any way necessary to provide the services to you, but not for any other purpose.

4.3. We make every effort to protect Your Data from unauthorised access and malicious attacks. You understand however that use of a Cloud App necessarily requires transmission of Your Data over networks that are not owned or controlled by us. We are not responsible for interception, alteration of loss of Your Data while in transit across those networks. We cannot guarantee that our security measures will never be breached or that that transmission of your data will always be secure.

4.4. You will hold us harmless from any losses for which we become liable arising from any claim relating to Your Data and its use in the Add-on.

4.5. We are not liable for any loss or damage suffered by you as a result of your negligence whilst using the Add-on.

4.6. We may delete Your Data after a reasonable time has passed after the end of your Add-on Subscription.

5. Your Obligations

5.1. You must ensure that the total number of user authorised to access the Add-on does not exceed the number permitted in your Subscription.

5.2. You agree that you shall not:

a) use the Add-on in any way which might infringe any third party rights, including third party Intellectual Property Rights;

b) archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the service;

c) copy, or otherwise reproduce or re-sell any part of the Add-on;

d) disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Add-on or attempt to do any such thing;

e) rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Add-on;

f) make alterations to, or modifications of, the whole or any part of the Add-on, or permit the Add-on or any part of it to be combined with, or become incorporated in, any other programs;

g)  provide or otherwise make available the Add-on in whole or in part (including object and source code) in any form to any person without prior written consent from us.

5.3. You acknowledge that you have no right to have access to the Add-on in source-code form.

6. Termination

6.1. You may cancel your Subscription by logging into the Atlassian application in which it is installed and uninstalling it, or by sending an email to: aao@kreuzwerker.pl. Your Subscription will be cancelled from the end of Renewal Period during which you cancelled your Subscription.

6.2. You will continue to have access to the Add-on for the period between you notifying us that you wish to cancel your Subscription and the cancellation taking effect, provided that you have paid the charges for that period.

6.3. We may terminate your Subscription at any time by giving written notice to you if Atlassian notifies us:

a) that your use of Atlassian products or services is not in accordance with Atlassian’s terms or you are otherwise in breach of the applicable Atlassian terms;

b) you fail to pay any amount due under these Terms on the due date for payment;

c) you breach any material term of these Terms;

d) we reasonably believe that your use of the Add-on is infringing or is likely to infringe any third party rights.

7. Consequences of termination

7.1. On expiry or termination of your Subscription for any reason:

a) you shall immediately pay to us all outstanding unpaid charges;

b) your access to the Add-on will be revoked; and

c) the licence granted will cease.

8. Changes to the EULA

8.1. We shall reserve the right to amend the end user licence agreement if necessary. 

8.2. If you are dissatisfied with such amendments or additions, you may cancel your Subscription from the end of the current Renewal Period by uninstalling the Add-on or by sending an email to  aao@kreuzwerker.pl.

9. Intellectual Property Rights

9.1. You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms.

9.2. We are the owners of the Add-on Intellectual Property Rights.

9.3. No part of the Add-on, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.

9.4. Any communications or materials you send to us by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your purchase of a Subscription through the Atlassain Marketplace). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including developing, manufacturing, advertising and marketing our products.

10. Support and contact

10.1. Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us by using the following details:

 

Address:

kreuzwerker GmbH, Ritterstr. 12-14, 10969 Berlin, Germany             

 

Email address:

aao@kreuzwerker.pl