End-User License Agreement

Owned by Jonas Hallensleben
Last updated: Oct 01, 2024 by Remie Bolte
5 min read

This End-User License Agreement (herinafter referred to as EULA) is a legal agreement between you (hereinafter referred to as CUSTOMER), and Software Defined Everything B.V., operating under the registered trademark CollabSoft (hereinafter referred to as COLLABSOFT).

By installing, copying or using any of the COLLABSOFT apps (hereinafter referred to as APPS), CUSTOMER agrees to be bound by the terms of this EULA.

This EULA is a supplement to the Service Level Agreement (hereinafter referred to as SLA) and the Privacy, Security & Cookie Statement (hereinafter referred to as PRIVACY STATEMENT). By agreeing to the terms of this EULA, CUSTOMER also agrees with the SLA and the PRIVACY STATEMENT.

The contents of this EULA suppercedes any conflicting provisions in the SLA and/or the PRIVACY STATEMENT. When reading and interpreting these documents, they should be read in the following order: 1) EULA, 2) PRIVACY STATEMENT, 3) SLA. In case of conflict between these documents, the provision in the document with the highest order prevails.

If CUSTOMER does not agree with the EULA, CUSTOMER is not authorised to install, copy or use the APP and will immediately uninstall and remove any previously installed or acquired copies. Obtaining the ownership of the material support of the software only, shall not grant CUSTOMER any right to install, to copy, to use, or to otherwise exploit the APP.

 

1. Limited warranty

COLLABSOFT will use reasonable commercial efforts to provide solutions for any reported malfunctions. THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY COLLABSOFT. COLLABSOFT MAKES NO OTHER WARRANTY, REPRESENTATION, OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NO INFRINGEMENT OF THIRD PARTY RIGHTS. THE DURATION OF IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; NO COLLABSOFT PARTNER, DISTRIBUTOR, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If CUSTOMER makes any modifications to the SOFTWARE PRODUCT during the warranty period, if the media is subjected to accident, abuse, or improper use, or if CUSTOMER violates the terms of this EULA, then this warranty shall immediately be terminated. This warranty shall not apply if the SOFTWARE PRODUCT is used on or in conjunction with hardware or software other than the unmodified version of hardware and software which the Software was designed to be used as described in the Documentation.

2. Limitation of liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL COLLABSOFT OR ITS PARTNERS OR DISTRIBUTORS BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF COLLABSOFT'S LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION, EVEN IF COLLABSOFT SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

3. Copyright and Infringement Indemnification

All intellectual property rights in and to the SOFTWARE PRODUCT and Documentation are property of COLLABSOFT. All intellectual property rights related to the SOFTWARE PRODUCT remain property of COLLABSOFT. Dutch copyright law, local copyright law and international treaties protect the SOFTWARE PRODUCT as well as the rights related to it.

COLLABSOFT will hold CUSTOMER harmless, defend and indemnify CUSTOMER, against a third party claim to the extent based on an allegation that the SOFTWARE PRODUCT infringes a third party intellectual property right, provided that COLLABSOFT: (i) is promptly notified and furnished a copy of such Claim, and all other documents that the claim is based on (ii) is given reasonable assistance in and sole control of the defense thereof and all negotiations for its settlement.

COLLABSOFT will have no obligation to defend and no liability for any damages or costs to the extent that a Claim is based upon: (i) use of the SOFTWARE PRODUCT in combination with any non-COLLABSOFT product, software or equipment; (ii) use of the SOFTWARE PRODUCT in a manner or for an application other than for which it was designed or intended to be used, regardless of whether COLLABSOFT was aware of or had been advised of such use; (iii) modifications to the SOFTWARE PRODUCT by any person or entity other than COLLABSOFT;

If the SOFTWARE PRODUCT becomes, or in the opinion of COLLABSOFT may become, the subject of a Claim, COLLABSOFT may, at its option and in its discretion: (i) procure for CUSTOMER the right to use the SOFTWARE PRODUCT, free of any liability; (ii) replace or modify the SOFTWARE PRODUCT to make it non-infringing; or (iii) terminate CUSTOMER right to continue using the SOFTWARE PRODUCT and refund, in this case, any license fees related to the SOFTWARE PRODUCT paid by CUSTOMER.

 

This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. COLLABSOFT may amend or modify this EULA at any time without having to notify CUSTOMER or obtain prior approval. However, ammendments and modifications to the EULA will only take effect upon starting a new evaluation, or when purchasing or renewing the APP license.

CUSTOMER authorises COLLABSOFT to access, collect, store, transmit, treat, use, disclose, share, and other by any other means process End User Data in compliance with this EULA and all laws. This includes End User Data retrieved directly from Atlassian (e.g., end user contact information) via Atlassian-provided APIs, portals or other similar means.

COLLABSOFT has the right to use CUSTOMER name for commercial purposes and/or to include CUSTOMER name and/or logos in his clients list. COLLABSOFT will stop using CUSTOMER name and/or logos upon request.

COLLABSOFT supports evaluation of SOFTWARE PRODUCT for a maximum period of 30 days for Software as a Service subscriptions, and a total of 5 evaluations when installed within the context of on-premise offerings (i.e. Atlassian Server / Data Center products). Evaluation periods can be extended upon request, either by COLLABSOFT or resellers acting on her behalf. In case of continued evaluation beyond the allowed period (evaluation abuse), CUSTOMER will be invoiced for the entire period in which the SOFTWARE PRODUCT was used for the list price and an additional penalty of € 5.000 euro per violation.

If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall remain in full force and effect.

Neither this EULA, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or as granting a franchise. CUSTOMER shall, at CUSTOMER own expense, promptly obtain and arrange for the maintenance of all mandatory government approvals, if any, and comply with all applicable local laws and regulations as may be necessary for CUSTOMER performance.

This EULA and any other agreement with COLLABSOFT will be governed by Dutch law.

Last updated: December 1, 2021