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Important Notification:
This End-User License Agreement ("EULA") is a legal agreement between yo= u and Decadis AG.
This EULA agreement governs your acquisition and use of our Decadis apps= (=E2=80=9CApps=E2=80=9D, =E2=80=9CSoftware=E2=80=9D), formerly =E2=80=9CxA= pps=E2=80=9D from the Atlassian and monday.com Marketplace.
Please read this EULA agreement carefully before completing the installa= tion process and using our Decadis apps. It provides a license to use our S= oftware products and contains warranty information and liability disclaimer= s.
If you register for a free trial of a Decadis app, this EULA agreement w= ill also govern that trial. By clicking "accept" or installing and/or using= our Software product, you are confirming your acceptance of the Software a= nd agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or o= ther legal entity, you represent that you have the authority to bind such e= ntity and its affiliates to these terms and conditions. If you do not have = such authority or if you do not agree with the terms and conditions of this= EULA agreement, do not install or use the Software, and you must not accep= t this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Decadis= AG herewith regardless of whether other Software is referred to or describ= ed herein. The terms also apply to any Decadis AG updates, supplements, Int= ernet-based services, and support services for the Software, unless other t= erms accompany those items on delivery. If so, those terms apply.
Atlassian Software means Software developed by Atla= ssian i.e. Jira, Confluence.
monday.com Software means Software developed by mon= day.com
Authorized Use refers to the installation of Decadi= s apps on a physical server of Licensee's choosing or installation in an At= lassian Cloud or a monday.com instance and the use of Decadis apps by Autho= rized Users for the Licensee=E2=80=99s internal business purposes in accord= ance with the terms of this Agreement.
Authorized User refers to a named user that accesse= s and uses Decadis apps under this EULA. The number of Authorized Users may= not exceed the number of users purchased by Licensee on the Atlassian = ;or monday.com Marketplace.
Decadis app refers to all Software Products to be l= icensed and includes any Decadis app updates provided by Decadis AG to the = Licensee periodically.
Deployment / Test system means a separate Atla= ssian or monday.com Software instance used solely for deployment or testing= .
License Fee means the total amount paid and pa= yable to Decadis AG by the Licensee for the Decadis app.
Licensee means the person, company, organizati= on or other entity on whose behalf you are ordering a Decadis app and enter= ing into this EULA.
License Term means the term of each Decadis app lic= ense. The term will be specified in your Order.
Subject to the terms of this agreement, Decadis AG hereby grants to the = licensee a personal, non-transferable, non-exclusive license to use Decadis= apps for Authorized Use.
Licensee is permitted to install a Decadis app in a corresponding Atlass= ian application (i.e. Jira, Confluence) under Licensees control or in a Atl= assian Cloud or monday.com instance. Licensee is responsible for ensuring t= hat the Atlassian or monday.com applications are compatible to the Decadis = app, the Licensee is installing. Licensee is also permitted to install the = Software on one Deployment / Test system.
Licensee is not permitted to:
Edit, alter, modify, adapt, translate or otherwise change the whole = or any part of the Software nor permit the whole or any part of the Softwar= e to be combined with or become incorporated in any other Software, nor dec= ompile, disassemble or reverse engineer the Software or attempt to do any s= uch things
Reproduce, copy, distribute, resell or otherwise use the Software fo= r any commercial purpose
Allow any third party to use the Software on behalf of or for the be= nefit of any third party
Use the Software in any way which breaches any applicable local, nat= ional or international law
Decadis AG shall at all times retain ownership of the Software as origin= ally downloaded by Licensee and all subsequent downloads of the Software by= Licensee. The Software (and the copyright, and other intellectual property= rights of whatever nature in the Software, including any modifications mad= e thereto) are and shall remain the property of Decadis AG. Decadis apps ar= e made available on a limited license or access basis, and no ownership rig= ht is conveyed to Licensee, irrespective of the use of terms such as =E2=80= =9Cpurchase=E2=80=9D or =E2=80=9Csale=E2=80=9D. Decadis AG has and retains = all rights, titles and interests, including all intellectual property right= s, in and to the Decadis apps (including all No-Charge products), their =E2= =80=9Clook and feel=E2=80=9D, any and all related or underlying technology,= and any modifications or derivatives.
Decadis AG reserves the right to grant licenses to use the Software to t= hird parties.
To the extent permitted by law, and subject to implied terms, the Licens= ee acknowledges and agrees that: (1) Decadis AG gives no guarantee and make= s no representation as to the correctness or completeness of the Product; a= nd (2) the Decadis apps are provided on an =E2=80=9Cas is=E2=80=9D bas= is without warranty, express or implied, of any kind or nature, including, = but not limited to, any warranties of performance or fitness for a particul= ar purpose.
Decadis AG shall not be liable for service failures, delays, interruptio= ns and/or other problems inherent in the use of IT systems outside the reas= onable control of Decadis AG to the maximum extent permitted by law. = Decadis AG does not make any representation, warranty or guarantee as to th= e quality, reliability, suitability, performance, availability, completenes= s or accuracy of any Decadis apps or that (a): the products will operate in= combination with other hard- or software systems, or (b): the use of Decad= is apps will be uninterrupted, secure or free of errors, or (c): stored or = presented data will be accurate and reliable, or (d): errors or defects wil= l be corrected on a schedule not controlled by Decadis AG, or (e): that any= Decadis apps available as a hosted service are free of viruses or other ha= rmful components.
To the extent permitted by law, and subject to implied terms, Decadis AG= will not be liable to any person for any loss, damage, cost, expense or ot= her claim (including, without limitation, consequential damages and loss of= profits) in relation to the Decadis apps including, without limitation, ar= ising from or relating to: (1) any use or reliance on Decadis apps by = the person; (2) any errors in and/or omissions from Decadis apps and/o= r any information contained in a Decadis app ); or (3) any delay, inte= rruption or other failure in the use or operation of a Decadis app.
If any law implies in this Agreement any term, condition or warranty whi= ch cannot be excluded or limited, then to the extent permitted by law, the = liability of Decadis AG for breach of any such term, condition or warranty = is limited to: (1) in the case of products, at Decadis AG option (A) the re= -supply of the goods, or of equivalent goods; or (B) the payment of the cos= t of having the goods supplied again; and (2) in the case of services, at D= ecadis AG option (A) the re-supply of the services; or (B) the payment of t= he cost of having the services supplied again.
This EULA is effective from the date you first use the Software and shal= l continue until terminated. You may terminate it at any time by uninstalli= ng the Software. Decadis AG may terminate this agreement any time with six = months prior notice.
It will also terminate immediately if you fail to comply with any term o= f this EULA agreement. Upon such termination, the licenses granted by this = EULA agreement will immediately terminate and you agree to stop all access = and use of the Software. The provisions that by their nature continue and s= urvive will survive any termination of this EULA agreement.
Decadis AG may update or modify this Agreement periodically, including a= ny referenced policies and other documents. If a revision meaningfully redu= ces your rights, we will use reasonable efforts to notify you (by, for exam= ple, sending an email to the technical contact you designate in the ap= plicable Order, posting on our website or the product itself). If we modify= the Agreement during your License Term or Subscription Term, the modified = version will be effective upon your next renewal of a License Term, Support= and Maintenance term, or Subscription Term, as applicable. In this case, i= f you object to the updated Agreement, as your exclusive remedy, you may ch= oose not to renew, including cancelling any terms set to auto-renew. With r= espect to No-Charge products, accepting the updated Agreement is required f= or you to continue using the No-Charge products. You may be required to cli= ck through the updated Agreement to show your acceptance. If you do not agr= ee to the updated Agreement after it becomes effective, you will no longer = have a right to use No-Charge products. For the avoidance of doubt, any Ord= er is subject to the version of the Agreement in effect at the time of the = Order.
Directly from the Atlassian or monday.com Marketplace or through= a Reseller. The Marketplace Product Ordering documentation or pur= chase flow (=E2=80=9COrder=E2=80=9D) will specify your aut= horized scope of use for the Products, which may include: (a) number and ty= pe of Authorized Users, (b) storage or capacity (for Hosted Services), (c) = numbers of licenses, copies or instances (for Software), or (d) other restr= ictions or billable units as applicable. The term =E2=80=9COrder=E2=80=9D also includes any applicable Product or Support and Mainten= ance renewal, or purchases you make to increase or upgrade your Scope of Us= e.
This Agreement applies whether you purchase Decadis apps directly from t= he Marketplace or through other channels like platform partners or authoriz= ed resellers (each, a =E2=80=9CReseller=E2=80=9D) from the= Atlassian or monday.com Marketplace. If you purchase through a Reseller, y= our Scope of Use shall be as stated in the Order placed by Reseller for you= , and Reseller is responsible for the accuracy of any such Order. Resellers= are not authorized to make any promises or commitments on Decadis AG=E2=80= =99s behalf, and we are not bound by any obligations to you other than what= we specify in this Agreement.
We may use your contact information to send certain communications via e= mail, including responses to your comments, questions, and requests, provid= ing customer support, and sending you technical notices (Release Notes), up= dates, security alerts, and administrative messages. We also communicate wi= th you about new product offers or promotions. You can control whether you = receive these communications by opting out whenever you receive a communica= tion from Decadis.
If you are an individual in the European Economic Area (EEA), we collect= and process information about you only where we have legal bases for doing= so under applicable EU laws. The legal bases depend on the Services you us= e and how you use them. This means we collect and use your information= only where:
we need it to provide you with services pertaining to Decadis apps;<= /p>
it satisfies a legitimate interest (which is not overridden by your = data protection interests), such as for research and development, to market= and promotes Decadis Apps, and to protect our legal rights and interests;<= /p>
you give us consent to do so for a specific purpose; or
we need to process your data to comply with a legal obligation.
<= /li>If you have consented to our use of information about you for a specific= purpose, you have the right to change your mind at any time, but this will= not affect any processing that has already taken place. Where we are= using your information because we or a third party (e.g. your employer) ha= ve a legitimate interest to do so, you have the right to object to that use= , though, in some cases, this may mean no longer using Decadis apps. For mo= re details on our Privacy Policy, please check our Data Security and Privacy Statement.
During the term of this EULA, you grant us the right to include your com= pany name and logo in promotional materials, on our website, and in corpora= te presentations and reports. You can revoke this right at any time by= submitting a written request via email to app-support@decadis.de= a> to request to be excluded from future product promotional material. Requ= ests generally are processed within thirty (30) calendar days.
Payments made by the Licensee under this Agreement exclude any taxes or = duties payable in respect to the goods or services supplied in the jurisdic= tion where the payment is either made or received. To the extent that any s= uch taxes or duties are payable by Decadis AG, the Licensee must pay to Dec= adis AG the amount of such taxes or duties in addition to the License Fee u= nder this Agreement.
In addition to these specific EULAs for the Decadis Apps, the Decadis General Terms and Conditions shall apply as a subordinat= e set of rules.
This EULA shall be governed exclusively by German law without giving eff= ect to the principles of Germany relating to conflicts of laws. Legal venue= for both parties shall be the registered office of Decadis AG.
If any provision of this Agreement is prohibited, invalid or unenforceab= le in any jurisdiction, that provision will, as to that jurisdiction be ine= ffective to the extent of the prohibition, invalidity, or enforcement witho= ut invalidating the remaining provisions of this Agreement or affecting the= validity or enforcement of that provision in any other jurisdiction.