END USER LICENSE AGREEMENT (EULA)
Effective Date: 29th day of October, 2024
This End User License Agreement (“Agreement“) is a legal agreement between you (“Customer”) and Delivery Flow (“Licensor“), governing your use of the software application Delivery Flow for Jira (“Application“) available on the Atlassian Marketplace and the data generated by the use of the application (“Application Data”) including our support services which we provide in connection with the Application. By installing, accessing, or using the Application, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not install or use the Application.
1. License Grant
Licensor grants you a non-exclusive, non-transferable, revocable license to use the Application for your internal business operations, subject to the terms and conditions of this Agreement. This license is granted on a subscription basis.
2. Permitted Use
You may use the Application solely for your internal business purposes. You may not resell, distribute, sublicense, modify, or reverse-engineer the Application or any part of it without the express written permission of the Licensor.
3. Restrictions
You agree not to:
– Reproduce, copy, or redistribute the Application for commercial purposes.
– Attempt to derive the source code or underlying technology of the Application.
– Use the Application in any manner that violates applicable laws or regulations.
4. Subscription and Fees
The Application is provided on a subscription basis. You agree to pay all applicable fees as outlined during the purchase process on the Atlassian Marketplace. Failure to pay the subscription fees may result in termination of your license.
The fee amount for our services depends on the number of users and can be found on the Pricing tab of the application listing on the Atlassian Marketplace.
Billing will be carried out via Atlassian Pty Ltd., which we have authorised to collect our claims in its own name.
5. Free test period, Term and Termination
This Agreement is effective upon your installation or use of the Application and remains in effect until terminated. Licensor may terminate this Agreement immediately if you fail to comply with any term or condition of this Agreement.
- The Customer may initially test the Application free of charge for a period of one month (“Free Trial Period”). Within the Free Trial Period we provide support services to the best of our ability without being obliged to do so.
- The Customer can choose the term of the agreement on the Atlassian Marketplace according to the options available therein. The term is automatically extended by the originally selected term, unless the agreement is terminated by either party at the end of the term.
- The right of each party to extraordinary termination for good cause shall remain unaffected.
- Termination can be declared by clicking the button “Unsubscribe” within the application administration page in Jira ( Apps>Manage Your Apps).
- After termination of the contractual relationship, the Application will deny users access to core functionality.
6. Updates
Licensor may, at its sole discretion, provide updates or modifications to the Application. These updates may be provided automatically or require manual intervention by the user. Licensor does not guarantee the provision of updates or ongoing support but will endeavor to provide reasonable assistance as needed.
- We continuously aim to further improve the Software. There is no entitlement to a specific further development. Further development of the Software can lead to an extension and/or modification of the Software with the result that new functionalities are available, existing functionalities and/or user guidance are optimised.
- The Customer may inform itself about innovations and updates via the means available on the Atlassian Marketplace.
- If necessary, the Customer administrator of the basic Software can update the Software to the latest version by clicking on “Update” in the application administration page in Jira ( Apps>Manage Your Apps).
7. Special agreements on the provision of support services
We provide Software support services during the term of the agreement in accordance with the following provisions (“Support and Update Services”).
7.1 Scope of Support and Update Services
The Support and Update Services include:
- Answering questions about product functionality.
- Investigating support cases related to the Application.
- Suggesting workarounds and configuration changes where applicable.
- When a defect is identified, scheduling patches based on the latest version of the product. (Please note that you will need to have an active subscription to install a patch.)
- Collecting feedback and recording feature requests. (Please note that we don’t guarantee that a feature request will ever be implemented.)
- Email support channel – [email protected]
Our Support and Update Services do not include:
- Phone support, screen sharing, webinars.
- Training.
- Help with programming.
- Support for issues that are not related to the Application.
- Support for non-GA versions (development builds, beta versions) and for versions that have been modified by the customer.
- Investigating support cases for versions that have reached end of life.
- Creating patches for previous versions of the Application. (With the exception of critical security fixes.)
- Creating backports for previous versions of JIRA not currently supported by the latest version of the Application.
Support for the Customer shall be provided during our working hours Monday-Friday, with the exception of public holidays in Ireland, from 9:00 a.m. to 5:00 p.m. GMT.
7.2 Customer cooperation and obligations regarding Support and Update Services
- The Customer shall provide us with the necessary information in the event of a support request and shall cooperate in answering counter request, such as:
- providing all relevant and documenting detected defects of services rendered in a reproducible, at any rate comprehensible form and immediately informing us about said defects;
- The Customer shall name at least one contact person. We shall be immediately informed about any changes regarding the contact person. The contact person shall have experience in handling the Application and must be able to provide information on the installation environment and the Software error reported in the event of queries from us. The Customer shall grant the contact person a corresponding authorisation to represent the Customer, in particular to also receive declarations from us.
- Prior to reporting the error, the Customer shall carry out an analysis of the system environment within the scope of its possibilities to ensure that the error is not attributable to system components that are not covered by this Agreement.
8. Data Collection
The Application may collect certain usage data to improve the performance and functionality of the Application. Any personal data collected will be handled in accordance with the Licensor’s privacy policy. By using the Application, you consent to this data collection and processing.
9. Limitation of Liability
To the fullest extent permitted by law, in no event will Licensor be liable for any indirect, special, incidental, consequential, or punitive damages, including but not limited to, loss of data, loss of profits, or business interruption, arising out of or related to the use or inability to use the Application, even if Licensor has been advised of the possibility of such damages.
Licensor’s total liability under this Agreement, whether in contract, tort (including negligence), or otherwise, shall not exceed the amount paid by you for the use of the Application during the 12-month period preceding the claim.
10. Governing Law
This Agreement is governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law principles. Any disputes arising from or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Ireland.
11. Entire Agreement
This Agreement constitutes the entire understanding between you and Delivery Flow with respect to the Application and supersedes all prior agreements or understandings, whether written or oral, relating to the subject matter of this Agreement.
—
Delivery Flow