End User Terms of Use (EUTU)
Last updated November 2018
This End User Terms of Use (EUTU) is a binding legal agreement between Izymes Pty Ltd – ABN 72 610 535 521 (the «Licensor»), a provider of cloud-based and downloadable applications including related documentation and services (the «Software») through the Atlassian Marketplace or any other means that interoperate with applicable products and services by Atlassian Pty Ltd – ABN 53 102 443 916 («Atlassian»), and you (either an individual or a single legal entity, the «Licensee») whose details are provided to the Licensor when you order or receive the Software from the Licensor or a Reseller (the «Purchase»).
The Licensee agrees to be bound by the terms of this EUTU by copying, downloading, installing, licensing, purchasing or otherwise using the Software. If the Licensee does not agree to the terms of this EUTU , the Licensee may not copy, download, install or otherwise use the Software.
This EUTU is a supplement to the Atlassian Marketplace End User Terms of Use (the «Marketplace End User Terms of Use»). In case of a conflict between this EUTU and the Marketplace End User Terms of Use, this EUTU shall prevail.
1. Grant of License
1.1 The Software is licensed, not sold, and no ownership right is conveyed to the Licensee, irrespective of the use of terms in this EUTU .
1.2 This EUTU grants the Licensee the rights according to the Licensee’s order through the Atlassian Marketplace or a Reseller and the respective specifications including, but not limited to, for example the license, a maintenance or subscription period, the price, support and other services, and the number of authorized users (the «Order»).
1.3 The Licensor grants the Licensee a non-exclusive, non-sublicensable, non-transferable and worldwide license to use the Software limited to the scope of the Order. The Licensor reserves all rights not expressly granted to the Licensee in this EUTU .
1.4 The rights under this EUTU are non-exclusive, non-sublicensable and non-transferable. The Licensee may not convey, sell or transfer the Software to any third party without the Licensor’s prior express written consent.
1.5 The Licensee may not decompile, disassemble, modify or reverse engineer the Software in whole or in part, or create any derivative works from the Software without the Licensor’s prior express written consent.
1.6 The Licensee is allowed to make necessary backup copies for the purpose of backup only and for no other purpose.
1.7 The Licensee is allowed to install the Software and make the Software available for use on systems controlled, leased or owned by the Licensee or a third-party provider as long as the Licensee remains fully responsible for any compliance with this EUTU .
1.8 The Software will, if not otherwise agreed or offered, delivered only in electronic form.
1.9 Evaluation License: The Licensee may request an initial 30-day evaluation license for testing purposes. In some cases, a one-time 30-day extension may be granted. However, repeated requests for evaluation licenses beyond this period will not be accepted unless explicitly authorized by the Licensor. This ensures fair use and compliance with licensing policies. Continuous evaluation license renewals without intent to purchase may result in suspension of further evaluations.
2. Third-Party Software
2.1 The Licensee acknowledges that the Software may contain software licensed by the Licensor from third parties, including open source software, and embedded in the Software, and that in addition to this EUTU, additional obligations may apply in relation to any use of such third-party software by the Licensee. The Licensor shall not be liable for any third-party software.
2.2 The Software may depend on, require and use various third-party Application Programming Interface (APIs). The Licensor shall not be liable for any third-party APIs.
3. Limitation of Liability and Warranty
3.1 The Licensor will use reasonable efforts to provide solutions for any reported issues. The Licensor will provide maintenance and support services, unless such services cannot be reasonably expected, for the Software on the Licensee’s request within the scope of the Order.
3.2 The Software is provided on an «as is» and «as available» basis without warranty, express or implied, of any kind of nature, including, but not limited to, any warranties of fitness for a specific purpose, or performance.
3.3 The Licensor shall not be liable to the Licensee or any other person for any consequential, direct, incidental, indirect or special damages of any kind due and in relation to the Software.
4. Service Availability
5. Service Level Agreement (SLA)
6. Miscellaneous
6.1 The Licensee grants the Licensor the right to use the Licensee’s company name / name and logo and any review provided or published in relation to the Software within promotional material, on the Licensor’s social media channels and on the Licensor’s website. The Licensee can revoke this right for future usage any time by submitting a respective request to the Licensor.
6.2 If any provision of this EUTU should be held to be unenforceable for any reason, such provision shall be amended only to the extent necessary to make it enforceable and the remaining provisions of this EUTU shall remain in full force and effect.
7. Choice of Law and Venue
7.1 This EUTU shall be governed exclusively by laws of the State of Queensland, Australia. You agree to submit any dispute arising out of your use of the Products to the exclusive jurisdiction of Queensland.