End User License Agreement (On-Premise App)
End User License Agreement
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By receiving, opening the file package, and/or using Individual Velocity Report/Chart Gadget ("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Agilis LT, MB your use of Individual Velocity Report/Chart Gadget indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Agilis LT, MB grants to you a non-exclusive license to use Individual Velocity Report/Chart Gadget in accordance with this Agreement and any other written agreement with Agilis LT, MB. Agilis LT, MB does not transfer the title of Individual Velocity Report/Chart Gadget to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Agilis LT, MB and the purchasers or users of Individual Velocity Report/Chart Gadget.
If you do not agree to be bound by this agreement, remove Individual Velocity Report/Chart Gadget from your computer now and, if applicable, promptly return to Agilis LT, MB by mail any copies of Individual Velocity Report/Chart Gadget and related documentation and packaging in your possession.
Individual Velocity Report/Chart Gadget and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Individual Velocity Report/Chart Gadget contact Agilis LT, MB.
3 USER AGREEMENT
Your license to use Individual Velocity Report/Chart Gadget is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Individual Velocity Report/Chart Gadget.
3.2 Use Restrictions
You shall use Individual Velocity Report/Chart Gadget in compliance with all applicable laws and not for any unlawful purpose.
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Individual Velocity Report/Chart Gadget. Nor can you create any derivative works or other works that are based upon or derived from Individual Velocity Report/Chart Gadget in whole or in part.
Copyright law and international copyright treaty provisions protect all parts of Individual Velocity Report/Chart Gadget, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Agilis LT, MB.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Agilis LT, MB, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Agilis LT, MB's Software.
In no event (including, without limitation, in the event of negligence) will Agilis LT, MB, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Individual Velocity Report/Chart Gadget or the use or inability to use Individual Velocity Report/Chart Gadget or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Agilis LT, MB's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Agilis LT, MB) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Agilis LT, MB.
Except as expressly stated in writing, Agilis LT, MB makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the Lithuania applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Lithuania therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Individual Velocity Report/Chart Gadget and destroy all copies of Individual Velocity Report/Chart Gadget supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4 DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Individual Velocity Report/Chart Gadget AS WELL.
5 CONSENT OF USE OF DATA
You agree that Agilis LT, MB may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Individual Velocity Report/Chart Gadget. Agilis LT, MB may also use this information to provide notices to you which may be of use or interest to you.
You agree that Agilis LT, MB may include you as a customer in Software promotional material, including your logo. You can deny this right at any time by submitting a written request via email to email@example.com, requesting to be excluded from Software promotional material. Requests made after Purchasing may take five (5) calendar days to process.
6 SUPPORT AND MAINTENANCE
Software Maintenance includes Agilis LT, MB provisioning to you Product updates and/or enhancements made generally available to customers from time to time, and online technical support to one your designated technical contact for the sole purpose of addressing technical issues relating to the use of the Product (excluding any form of on-site visits by Agilis LT, MB personnel or contractors). The Maintenance Period may be renewed for one year at the then-current rate for Software Maintenance. Subsequent Renewal Periods commence upon the expiration of the prior Software Maintenance regardless of when it is purchased.
7 DATA PROTECTION
No extra data (such as analytics) is collected or transferred to any outside server. For all on-premises add-ons, all data entered by the users are kept in the associated database server of Jira or Jira server itself.