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This End-User License Agreement (EULA) is a legal agreement between you, either an individual or a single legal entity, (Licensee) and Alpha Serve (Licensor).

This EULA applies after the Licensee has received the Software from a Reseller or Alpha Serve.

The Licensee agrees to be bound by the terms of this EULA by installing, copying, downloading, or otherwise using the Software or clicking the "I Accept/ Agree" button if acquiring the Software on-line. If the Licensee does not agree to the terms of this EULA, the Licensee may not install, copy, download, or otherwise use the Software.

This EULA is a supplement to the Atlassian Marketplace Terms of Use.

Definitions 

Accessible Code means a source code that is unprotected and accessible.

Protected Code means any source code that is protected against the access of the Licensee and any third party without Licensor’s prior written permission and is otherwise not accessible under this EULA.

Reseller means the Atlassian Marketplace which is selling and distributing Alpha Serve products.

Software means the Alpha Serve software that accompanies this EULA, which includes computer software, code and may include associated media, printed materials, online or electronic documentation, Internet-based services, and Embedded Software. 

User License means a license granted under this EULA to the Licensee to permit an Authorized User to use the Software. The number of User Licenses granted to the Licensee depends on the Fees paid by the Licensee.

License Terms

Licensee can download, install, and use the Software, published on Reseller by Alpha Serve.

User License is a binding legal agreement between the owner of the Atlassian instance using this Software and Alpha Serve.

The Software is protected by copyright and other intellectual property laws and treaties. The Licensee does not acquire any rights of ownership in the Software hereunder, except as licensed to users hereunder and subject to strict compliance with the terms of User License.

Presumed you read these terms and conditions carefully, and have agreed to all terms and conditions by using the Software.

Terms and Conditions

  1. Licensee is allowed to use Software on the specified Atlassian server, for which the License is bought.

  2. Licensee ensures that only an Authorized User uses the Software and only in accordance with the terms and conditions of this EULA.

  3. Licensee ensures that the Software is not used for rental, timesharing, subscription services, hosting or outsourcing services.

  4. Licensee may not, without the prior written consent of Alpha Serve:

    • decompile, reverse engineer, disassemble, modify, adapt, create derivative works from, or otherwise attempt to derive any part or whole of the Software;

    • directly or indirectly access or use any Embedded Software independently from the rest of the Software;

    • sell, sublicense, redistribute, reproduce, transmit, circulate, disseminate, translate or reduce to or from any electronic medium or machine-readable form the Software or any data/information not owned by Licensee which is provided to Licensee through the Software to a person who is not an Authorized User;

    • vary or amend the Software (including any Embedded Software, Protected Code or Accessible Code);

    • publish, promote, broadcast, circulate or refer publicly to the Alpha Serve name, trade name, trademark, service mark or logo without prior written consent from Alpha Serve;

    • commit any act or omission of the likely result of which Alpha Serve or any of its third-party suppliers’ reputation will be brought into disrepute, or which could reasonably be expected to have or does have a material and adverse effect on Alpha Serve’s interests;

    • distribute the Software using Original Equipment Manufacturer (OEM) Distribution without entering into a separate OEM Distribution Agreement with Alpha Serve;

    • copy or embed elements of the Accessible Code contained in the Software into other software. The Software may include license protection mechanisms that are designed to manage and protect the intellectual property rights of Alpha Serve and its third party suppliers. Licensee must not modify or alter those features to try to defeat the license protection mechanisms. Any such attempt by Licensee will result in the immediate termination of all licenses.

  5. THE CUMULATIVE AGGREGATE LIABILITY OF ALPHA SERVE TO LICENSEE RELATED TO THIS EULA WILL NOT EXCEED THE AMOUNT OF THE FEES, IF ANY, PAID TO ALPHA SERVE FOR SOFTWARE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION AROSE.  IN NO EVENT WILL ALPHA SERVE BE LIABLE TO LICENSEE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING ANY DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, LOSS OF USE, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS EULA, EVEN IF ALPHA SERVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF AN AGREED REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS HELD UNENFORCEABLE FOR ANY OTHER REASON.

  6. THE LIMITATIONS ON LIABILITY SET FORTH IN THIS SECTION WILL APPLY TO ALL CAUSES OF ACTION, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE, MISREPRESENTATION AND OTHER TORTS, AND LIABILITY BASED UPON THE PROVISIONS OF ANY PART OF THIS EULA AND ANY FEDERAL, STATE OR LOCAL LAW OR ORDINANCE.  THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY SET FORTH IN THIS EULA ARE FUNDAMENTAL TERMS OF THIS AGREEMENT, AND THE PARTIES WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THEIR INCLUSION.

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