End User License Agreement (EULA) for ZenUML apps
This End-User License Agreement ("EULA") is a legal agreement between you and P&D Vision Pty Ltd.
This EULA agreement governs your acquisition and use of our ZenUML Apps software ("Software") via Atlassian's platform (the marketplace and any Confluence or Jira installation).
If you register for a free trial of the ZenUML Apps software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the ZenUML Apps software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
2. Agreement to Terms and Conditions
This Agreement takes effect on the date on which you install the plugin into any Confluence or Jira installation.
3. License Duration
This license is perpetual, no additional payment is required to maintain it, with the exception of you breaking any part of this license, in which case you lose all rights under the license.
It is not warranted that any software supplied by P&D Vision Pty Ltd will meet your requirements or that its operation will be uninterrupted or error free. P&D Vision Pty Ltd exclude and expressly disclaim all express and implied warranties or conditions not stated in this Agreement (including without limitation, loss of profits, loss or corruption of data, business interruption or loss of contracts), so far as such exclusion or disclaimer is permitted under the applicable law. This Agreement does not affect your statutory rights.
5. Warranties and Limitation of Liability
P&D Vision Pty Ltd warrants that its software and services will be provided using reasonable care and skill on a non-exclusive basis. Where P&D Vision Pty Ltd supplies any goods supplied by a third party, P&D Vision Pty Ltd does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to P&D Vision Pty Ltd. P&D Vision Pty Ltd shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by P&D Vision Pty Ltd’s negligence or the negligence of its servants or agents or otherwise) which arise out of or in connection with the provision of any goods or services by P&D Vision Pty Ltd.
Notwithstanding contrary clauses in this Agreement, in the event that P&D Vision Pty Ltd are deemed liable to you for breach of this Agreement, you agree that P&D Vision Pty Ltd’s liability is limited to the amount actually paid by you for your services or software, which amount calculated in reliance upon this clause. You hereby release P&D Vision Pty Ltd from any and all obligations, liabilities and claims in excess of this limitation.
6. Notices and Consents
Any notice, request or other communication to either party by the other under this Agreement shall be given by email, fax or conventional mail.
7. Assignment of Rights
You shall not assign this Agreement or any benefits or interests arising under this Agreement without P&D Vision Pty Ltd’s prior written permission, such not to be unreasonably withheld.
P&D Vision Pty Ltd reserves the right to use in any way it wishes any programming tools, skills, content, methodologies, strategies and techniques acquired or used in performing its duties under this Agreement. The ownership of any data content created using the software shall remain with the author of that content. P&D Vision Pty Ltd provides permission for text, vector and raster representations within the software that it owns to be combined with the representation that the author has created and for the combined result to be persisted in either vector and/or raster format. You may use such graphically persisted representation that you create for any purpose that does not interfere with the business operations of P&D Vision Pty Ltd.
9. General Terms and Law
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Australia.
If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continuation in full force and the effect of the remainder of them will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice).
11. Entire Agreement
This Agreement constitutes the entire agreement between P&D Vision Pty Ltd and you with respect to your use of services, software and/or goods provided by P&D Vision Pty Ltd, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between P&D Vision Pty Ltd and you with respect thereto. Each party confirms that it has not relied on any representation not recorded in this document inducing it to enter into this Agreement. The address for communication to P&D Vision Pty Ltd by email unless you are otherwise notified shall be: email@example.com.