This Agreement constitutes the “Publisher’s EULA” for the purposes of Section 3(a) of the Atlassian Marketplace Terms of Use and applies to any software distributed by Mesilat Limited (the Publisher) through Atlassian Marketplace (Marketplace Product). By downloading or installing Marketplace Product you accept the terms of this Agreement.

MARKETPLACE PRODUCT IS PROVIDED BY THE PUBLISHER “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE PUBLISHER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Terms Of Use

(i) Publisher grants you a limited, worldwide, non-exclusive, non-transferable license to install and use Marketplace Product only on the Atlassian systems owned, leased or controlled by you. (ii) You may not modify, reverse engineer, decompile or disassemble the product, or sub-license any rights in the product unless authorised by Publisher. Publisher owns all title, copyright and other intellectual property rights in Marketplace Product.

Indemnification

You agree to indemnify and hold Publisher and its subsidiaries, affiliates, officers, agents, and employees harmless from any claims by third parties, and any related damages, losses or costs (including reasonable attorney fees and costs), arising out of your use of Marketplace Product, your violation of this EULA, or your violation of any rights of a third party.

Compliance with Law and Reservation of Rights

You will use Marketplace Product in compliance with all applicable laws. You do not acquire any ownership rights in the product as a result of installing or using the product.

Support and Maintenances

Any support and maintenance of Marketplace Product shall be provided by Publisher on a best-effort basis for valid license holders. Failure of Publisher to provide support and maintenance will not entitle you to any remedies from Publisher. Support requests must be reported via the issue tracking system as described on the product page in the Atlassian Marketplace.

In order to provide support the Publisher may require logs, these logs must be anonymised by you and will not be shared with anyone without your written consent (for example submitting part of the log to Atlassian for investigation).

Third party APIs or services

Marketplace Product may use, require and depend on third party APIs. Publisher cannot be held liable for any failure or limitations of these APIs or services. Atlassian, or any other API provider, may remove the API end points or amend them in a way that will prevent the product from functioning properly. In no event can Publisher be held liable for the consequence of such actions by such third parties.

Consent to Use of Data

You agree that the information you submit to Publisher, including, but not limited to, by electronic mail, online forums or collaboration tools, and the usage data of the software, may be used by Publisher to facilitate the provision of support or the improvement of Marketplace Product.

Usefulness and Suitability

The Atlassian Marketplace provides evaluation licenses for you to evaluate the usefulness and suitability of Marketplace Product for your purposes. Publisher does not warrant or claim any suitability or fit for the product and encourages you to evaluate the product before purchasing. It is your responsibility to test/verify any new product and product upgrade prior to installing in a production environment. Users are encouraged to seek external professional advice, if needed, before committing to a purchase. Publisher relies on the Atlassian policies and tools for evaluation and purchase management.