Page History
...
Subject to the terms of this agreement, Decadis AG hereby grants to the licensee a personal, non-transferable, non-exclusive license to use xApps Software Products for Authorized Use.
The licensee
Licensee is permitted to install xApps Software Products in an Atlassian application (i.e. Jira, Confluence) under Licensees control or in an a Atlassian Cloud instance. The licensee Licensee is responsible for ensuring that the Atlassian applications are compatible with to the xApps Software Product Licensee is installing. The licensee Licensee is also permitted to install the Software on a Deployment / Test system.
The licensee
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 Software to be combined with or become incorporated in any other Software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
- Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
- Allow any third party to use the Software on behalf of or for the benefit of any third party
- Use the Software in any way which breaches any applicable local, national or international law
- Use the Software for any purpose that Decadis AG considers is a breach of this EULA agreement.
...
Decadis AG shall at all times retain ownership of the Software as originally 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 made thereto) are and shall remain the property of Decadis AG. xAppsare made available on a limited license or access basis, and no ownership right is conveyed to Licensee, irrespective of the use of terms such as “purchase” or “sale”. Decadis AG has and retains all rights, titles , and interests, including all intellectual property rights, in and to the xApps (including all No-Charge products), their “look and feel”, 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 third parties.
...
Decadis AG may update or modify this Agreement periodically, including any referenced policies and other documents. If a revision meaningfully reduces your rights, we will use reasonable efforts to notify you (by, for example, sending an email to the the technical contact you designate in the applicable 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, if you object to the updated Agreement, as your exclusive remedy, you may choose not to renew, including canceling cancelling any terms set to auto-renew. With respect to No-Charge products, accepting the updated Agreement is required for you to continue using the No-Charge products. You may be required to click through the updated Agreement to show your acceptance. If you do not agree 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 Order is subject to the version of the Agreement in effect at the time of the Order.
...
We may use your contact information to send certain communications via email, including responses to your comments, questions, and requests, providing customer support, and sending you technical notices (Release Notes), updates, security alerts, and administrative messages. We also communicate with you about new product offers or promotions. You can control whether you receive these communications by opting - out whenever you receive a communication from Decadis.
...
- we need it to provide you with services pertaining to xApps Software Product;
- it satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote xApps Software Product and Products, and to protect our legal rights and interests;
- you give us consent to do so for a specific purpose; or
- we need to process your data to comply with a legal obligation.
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) have 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 xApp xApps Software Products.
11. Publicity Rights
During the term of this EULA, you grant us the right to include your company name and logo in promotional materials, on our website, and in corporate presentations and reports. You can revoke this right at any time by submitting a written request via email to xapps-support@decadis.de to request to be excluded from future product promotional material. Requests generally are processed within thirty (30) calendar days.
12. Taxes
Payments made by the Licensee under this Agreement exclude any taxes or duties payable in respect to the goods or services supplied in the jurisdiction where the payment is either made or received. To the extent that any such taxes or duties are payable by Decadis AG, the Licensee must pay to Decadis AG the amount of such taxes or duties in addition to the License Fee under this Agreement.
...
13.
...
Applicable law, legal venue, and
...
severability
This EULA shall be governed exclusively by German law without giving effect to the principles of Germany relating to conflicts of laws. The sole and exclusive jurisdiction and venue for resolving any controversy or claim arising out of or relating to this EULA Legal venue for both parties shall be the registered office of Decadis AG and the courts of Koblenz.
If any provision of this Agreement is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction be ineffective to the extent of the prohibition, invalidity, or enforcement without invalidating the remaining provisions of this Agreement or affecting the validity or enforcement of that provision in any other jurisdiction.
