End User License Agreement (EULA)
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Provided by ilmCon GmbH
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IMPORTANT – READ CAREFULLY
This End-User License Agreement (the "Agreement") is a legally binding contract between you and ilmCon GmbH. By accessing or using any application provided by ilmCon GmbH through Atlassian’s Marketplace, you agree to be bound by the terms of this Agreement and Atlassian’s Terms of Use.
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1. License Grant
Provider grants you a limited, non-exclusive, non-transferable, and revocable license to access and use any application or product provided by ilmCon GmbH solely for your internal business purposes and in accordance with this Agreement and the accompanying Documentation. Your use via Atlassian’s Marketplace further confirms your acceptance of Atlassian’s Terms of Use.
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2. Restrictions
You agree not to:
• Modify, alter, adapt, or otherwise change any part of any application or product provided by ilmCon GmbH, including attempting to reverse engineer, decompile, or disassemble it;
• Reproduce, copy, distribute, sublicense, rent, or resell any application or product provided by ilmCon GmbH or any part thereof;
• Remove, obscure, or modify any proprietary notices or copyright marks contained in or affixed to any application or product provided by ilmCon GmbH;
• Use any application or product provided by ilmCon GmbH in any manner that violates applicable local, national, or international laws, or infringes the rights of any third party;
• Employ any application or product provided by ilmCon GmbH for any purpose that, in the sole discretion of ilmCon GmbH, constitutes a breach of this Agreement.
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3. Subscription and Marketplace Terms
• Subscription: If any application or product provided by ilmCon GmbH is accessed through a subscription, the term and payment details are specified in your Order.
• Marketplace Orders: Orders placed via Atlassian’s Marketplace are subject to both this Agreement and Atlassian’s Marketplace Terms of Use, which shall prevail where applicable.
• Suspension: Access may be suspended for overdue payments or if you breach these terms.
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4. Customer Data and Security
• Data Use: Provider will use Customer Data solely to deliver and support any application or product provided by ilmCon GmbH.
• Security: We maintain appropriate technical and organizational measures to protect your data (refer to our security policy).
• Data Export/Deletion: Upon termination, you may export your data as described in the Documentation, and Provider will delete your data within 60 days, except as required by law.
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5. Warranty and Disclaimer
• Warranty: Provider warrants that any application or product provided by ilmCon GmbH will perform substantially in line with the Documentation during the subscription term.
• Disclaimer: Except as provided above, any application or product provided by ilmCon GmbH is offered “as is” and “as available” without warranties of any kind, whether express or implied.
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6. Limitation of Liability
• Provider shall not be liable for any indirect, incidental, or consequential damage arising from your use of any application or product provided by ilmCon GmbH.
• Provider’s total liability shall not exceed the amount paid by you for any application or product provided by ilmCon GmbH in the 12 months preceding any claim.
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7. Indemnification
You agree to indemnify and hold Provider harmless from any claims, damages, or losses arising from your use of any application or product provided by ilmCon GmbH or your breach of this Agreement.
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8. Term and Termination
• Term: This Agreement is effective upon your first use of any application or product provided by ilmCon GmbH and remains in effect until terminated.
• Termination: Either party may terminate the Agreement for material breach if not cured within 30 days after notice. Upon termination, you must cease all use of any application or product provided by ilmCon GmbH and delete or return all copies.
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9. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany. Any disputes arising out of or relating to this Agreement shall be exclusively resolved in the courts located in Berlin, Germany, in accordance with Atlassian’s Marketplace dispute resolution provisions.
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10. General Provisions
• Entire Agreement: This Agreement, together with your Order and Atlassian’s Marketplace Terms, constitutes the entire agreement between the parties.
• Amendments: Any changes must be made in writing and agreed upon by both parties.
• Assignment: You may not assign this Agreement without our prior written consent.
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BY ACCESSING OR USING ANY PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ATLASSIAN’S MARKETPLACE TERMS OF USE.