This End User License Agreement (“EULA” or “Agreement”) is a binding legal agreement between You, (hereinafter as: “Licensee”) and Ixenit Tanácsadó Korlátolt Felelősségű Társaság (registered seat: 7. Záhony street, 1031 Budapest, Hungary, company registration number: 01-09-716069, hereinafter as: “Licensor”) concerning the use of its Software (as defined below) and any our products or services.
By installing, copying, downloading or otherwise using the Software, or by clicking a box indicating your acceptance, Licensee agrees to be bound by the terms of this Agreement. If you are entering into this agreement on behalf of an entity, you represent that you have the authority to bind such entity to the Agreement and are agreeing to the Agreement for that entity. The Agreement does not have to be signed in order to be binding.
IF LICENSEE DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN LICENSEE MUST NOT INSTALL, COPY, DOWNLOAD OR OTHERWISE USE THE SOFTWARE OR OUR PRODUCTS AND SERVICES.
1.1. Unless otherwise provided in this Agreement or unless the context doesn’t require to interpret otherwise the following terms in this Agreement shall mean as defined herein:
Authorised User – a person who accesses and uses the Software under the conditions of this Agreement or other referenced policies. The number of Authorised Users may not exceed the number of users purchased via the Atlassian Marketplace (if applicable).
Atlassian – Atlassian Pty Ltd, an Australian corporation (ABN 53 102 443 916);
Atlassian Marketplace – is an online marketplace for on-demand applications and downloadable software applications that interoperate with applicable Atlassian Products. Atlassian Marketplace can be reached on the following link: https://marketplace.atlassian.com;
Atlassian Products – any Products developed and sold directly by Atlassian, which are listed on the following link: https://www.atlassian.com/software;
Atlassian Supported Platforms – These are the minimum requirements to run the Atlassian Product and / or our Software. For further information please read the official documentation of the respective Atlassian Product or our Software
Intellectual Property – intellectual property means everything We made using our mind especially but not limited to patents and patent applications, trade secrets, technology, processes, designs specifications, tools, applications, databases, data collections, technical data and documentation, copyrightable works (including computer software programs, in both source code and object code form), customer agreements, copyrights, registrations and applications, trade names, logos, trademarks and service marks, marketing materials , know-how etc;
Us or We – Ixenit Tanácsadó Korlátolt Felelősségű Társaság (registered seat: 7. Záhony street, 1031 Budapest, Hungary, company registration number: 01-09-716069) who is the developer of the Software;
2. Scope of the Agreement
2.2. This Agreement applies to Ixenit apps or plugins that You purchase from Ixenit on the Atlassian Marketplace or through any other channel.
3. Types of Ixenit Products
This Agreement governs Ixenit’s commercially available software products including Cloud-based products (SaaS or Hosted Services) and Server (Perpetual License).
4. Account Registration
You will have to register for an Atlassian account in order to place orders or access the Software or receive any services or products. Any registration information that You provide to Us or Atlassian must be accurate, current and complete. You must also update Your information so that We may send notices, statements and other information to You by email or through Your account. You are responsible for all actions taken through Your accounts.
5.1. Only the specific individuals for whom You have paid the required fees and whom You designate through the Software or any product i.e. the Authorised Users may access and use the Software and any of Our Products. Authorised Users may be You or Your Affiliates’ employees, representatives, consultants, contractors, agents, or other third parties who are acting for your benefit or on Your behalf. You may increase the number of Authorised Users permitted to access Your instance of the Software or any product by placing a new order or, in some cases, directly through the Software or product. In all cases, You must pay the applicable fee for the increased number of Authorised Users. You are responsible for compliance with this Agreement by all Authorised Users.
5.2. You represent and warrant that you are legally entitled to enter into a binding agreement under the laws of Hungary - in particular this Agreement - to use the Software. Otherwise, We will be entitled by law to cancel any agreement entered into with You. You further represent and warrant that you have the right, authority and capacity to use the Software or any of Our products and to abide by the Agreement. If You are registering on behalf of a legal entity, You also represent and warrant that You are authorized to enter into, and bind the entity to these Agreement and the use of the Software.
5.4. We are not liable if You do not use an Atlassian Supported Platform or if You have downloaded / used the wrong version of the Software. We reserve the right to deny You any support and maintenance services (if You are entitled to such benefits), if You use the Software with an incompatible or unauthorized deployment or for purposes other than those for which the Software is intended to be used, or if You breach any terms of this Agreement, or if We notice that You use the Software in a deployment option which does not meet the requirements of Atlassian Supported Platforms.
5.5. Please note our Software are not supporting each version of Atlassian Products, We may reserve the right that Our Software will not be available for older versions of Atlassian Products. In the respective Software’s documentation, or at Atlassian Marketplace You will find the information about which Atlassian Product is supported with our Software.
5,6, By providing Us information, You state that You have the right to provide Us with the information.
6. Software License Rights
6.1. Subject to the terms and conditions of this Agreement, Ixenit grants you a non-exclusive, non sub-licensable and non-transferable license to install and use the Software during the applicable License Term in accordance with this Agreement, excluding Cloud Applications. The term of each Software license (“License Term”) will be specified in Your order. Your License Term will end upon any termination of this Agreement, even if it is identified as “perpetual” or if no expiration date is specified in Your order. The right of use is limited to the Authorized Users.
6.2. You may not (i) copy, modify, adapt, translate, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast, decompile, or disassemble any portion of or otherwise exploit the Software, except as expressly permitted under this Agreement, (ii) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Software in any way (except You are entitled to it as stipulated in this Agreement); (iii) create internet "links" to the Software or "frame" or "mirror" any software on any other server or wireless or internet-based device; (iv) reverse engineer or access our software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Software, or (c) copy any ideas, features, functions or graphics of the Software, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Software, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Software or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of the proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Software. No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by Us or Our licensors, except for the licenses and rights expressly granted in this Agreement.
6.3. We will have the right to investigate and prosecute any violations of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement.
7. Access to Hosted Services
7.1. Subject to the terms and conditions of this Agreement, Ixenit may grant you a non-exclusive right to access to use the Hosted Services during the applicable Subscription Term (as defined below) in accordance with this Agreement, Your applicable Scope of Use and the Documentation. If Ixenit offers client software (e.g., a desktop or mobile application) for any Hosted Service, You may use such software solely with the Hosted Service, subject to the terms and conditions of this Agreement. You acknowledge that Our Hosted Services are on-line, subscription-based products and that We may make changes to the Hosted Services from time to time.
7.2. Subscription Terms and Renewals
Hosted Services are provided on a subscription basis for a set term specified in your Order (“Subscription Term”). Except as otherwise specified in Your Order, all subscriptions will automatically renew for periods equal to Your initial Subscription Term (and You will be charged at the then-current rates) unless You cancel Your subscription through Your account at my.atlassian.com. If You cancel, Your subscription will terminate at the end of then-current billing cycle, but You will not be entitled to any credits or refunds for amounts accrued or paid prior to such termination.
You must ensure that all Authorised Users keep their user IDs and passwords for the Hosted Services strictly confidential and not share such information with any unauthorised person. User IDs are granted to individual, named persons and may not be shared. You are responsible for any and all actions taken using your accounts and passwords, and you agree to immediately notify Atlassian of any unauthorised use of which you become aware.
7.3. Use and operation of the Software
7.3.1. Our Software can be reached, downloaded and / or purchased at the Atlassian Marketplace. Please note all Software are our own development and they only work with the Atlassian Products as described in the respective Software’s description, and only work if You have an Atlassian Product and You meet the basic terms of using / downloading any Software stipulated herein, or in any other policies or in any terms of Atlassian. The individual Software’s description and documentation also contains - among others – what it can provide and for what purpose We invented it.
7.3.2. Please note, that as Our Software cannot operate without an Atlassian Product, our Software can only work the way We developed it, if (i) Your foundation meets the requirements of Atlassian Supported Platforms, and (ii) if the Atlassian Product works without any fault.
7.3.3. We reserve the right for later updates of Our Software be accessible only for newer versions of Atlassian Products, which means if You would like to have the same user experience You may have to upgrade Your Atlassian Product licence for a newer version.
7.3.4. Our Software and other products can be used in different deployment options i.e. cloud, server or data center deployment options. You will find in the special page of the Software’s or the respective products’s page located at Atlassian Marketplace that in which deployment option You can use the Software.
8. Support and Maintenance
8.1. Ixenit will provide the support and maintenance services for the Products (“Support and Maintenance”) during the period for which You have paid the applicable fee. This Agreement applies to updates, supplements and app components.
8.2. if You send us any support / maintenance related inquiry You are responsible that the provided data are
b) You have the necessary approvals / rights that authorize Us to receive, store, make copies of, modify and to know about personal data
8.3. You also represent and warrant that You are legally entitled to send Us the request.
8.4. Please note when We are providing You support and maintenance services, Your cooperation is indispensable, because without Your active pursuit, We may not be able to give assistance for You. In the frame of the cooperation, We may request You, especially but not limited to send us log files, screenshots, or any other data which may be required to solve Your request. If you fail to provide Us the requested data We may be unable and not be obliged to solve Your support request and it also release Us from any obligation that We may have.
8.5. In order to check that You are entitled to Our support services, We reserve the right to request the SEN number of Our product from You in case of server or data center deployments, or Your site URL in case of cloud deployments. Please note that failing to provide the SEN number or site URL We reserve the right to refuse the support service, even in case You are otherwise entitled for it
9.1. The Licensee must pay all Fees by the due date and in the manner directed at the time of purchase of the Software. Failure to pay Fees by the due date will result in the immediate termination of the licenses granted under this Agreement.
9.2. It is Our sole discretion to provide trial period for the Software however We are not obliged to do so in any way. If trial period is applicable it is indicated on the Software’s Atlassian Marketplace page. Please note however that while You are using the Software in trial licence, You may not be able to use the full functionality of the Software. Differences resulting from this functionality may mean that certain features of the program are not available during the trial period.
9.3. In any other cases, when You are not entitled to trial period or any special terms, You may purchase a licence for the Software or any of Our products through Atlassian Marketplace. Please note that all payments are made through the Atlassian Marketplace based on their special terms and conditions, which is accessible as follows: https://www.atlassian.com/licensing/marketplace/termsofuse. You are only able to purchase a licence for our product on a yearly or monthly base. Please note you are obliged to purchase the Software for the same licence tier as requested by Atlassian.
For more information on Marketplace licencing, please refer to https://www.atlassian.com/licensing/marketplace.
9.4. The Fee rates that apply for the Software can be found on Atlassian Marketplace at the Software’s or respective products’s description. We reserve the right to modify or update the rate from time to time with prior notification. Please note that the prices of the Software and any products shown on Atlassian Marketplace does not contain tax.
10. Data Protection and consent
12. Term and Termination
Subject to the terms of this Agreement and unless terminated earlier in accordance with this Agreement, the term granted hereunder shall be set out in your License Order. Either party may terminate this Agreement before the expiration of the Subscription Term if the other party materially breaches any of the terms of this Agreement and does not remedy the breach within thirty (30) days after written notice of the breach. Either party may also terminate the Agreement before the expiration of the Subscription Term if the other party ceases to operate, declares bankruptcy, or becomes insolvent or otherwise unable to meet its financial obligations. You may terminate this Agreement at any time with notice to Ixenit, but You will not be entitled to any credits or refunds as a result of convenience termination for prepaid but unused Software, Hosted Services subscriptions, or Support and Maintenance. Except where an exclusive remedy may be specified in this Agreement, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under this Agreement, by law, or otherwise. Once the Agreement terminates, you (and your Authorised Users) will no longer have any right to use or access any Products.
13. Disclaimer of Warranties
13.1. Except as expressly stated in the Agreement, Licensor and its third party suppliers provide the Software and any Support and Maintenance AS IS AND WITH ALL FAULTS as despite our best efforts, we cannot undertake more responsibility than Atlassian does because our Software work only in the product deployment options of Atlassian. To the maximum extent permitted by applicable law, Licensor hereby disclaims all other warranties or remedies, whether express, implied or statutory, including but not limited to the performance, condition, merchantability, fitness for a particular purpose, data accuracy, availability, quality, reliability, or that errors and defects will be corrected. Additionally, Licensee acknowledges that Licensor’s Cloud Products are hosted by third-parties, and that the availability of those Cloud Products is subject to a third party’s Service Level Agreement.
14. Limitation of Liability
14.1. Licensor is not liable to for: (a) any loss of use, data, goodwill, or profits, whether or not foreseeable; (b) the cost of procurement of substitute goods, technology or services; or (c) any special, incidental, indirect, consequential, or punitive damages whatsoever (even if Licensor has been advised of the possibility of these damages), including those (i) resulting from loss of use, data, or profits, whether or not foreseeable, (ii) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (iii) arising from any other claim arising out of or in connection with Your use of or access to the Software.
14.2. We apply appropriate and reasonable technical and security measures to keep the Software secure and free from any virus, Trojan horses or similar harmful materials and error free. However, as effective as this technology is, no security system is impenetrable. Please note We try our best in order to secure Our system with the latest technical means (both physical and software related tools), however We cannot guarantee from a technical standpoint that the information You provide will not be intercepted by a malicious third party while being transmitted to Us.
14.3. The Software may be subject to limitations, delays, and other problems as a consequence of using the internet, Your intranet, other inner networks and electronic communications including the device used by You being faulty, not connected, out of range, switched off or not functioning. We are not responsible for any delays, delivery failures, damages or losses resulting from such problems.
14.4. You expressly waive and release Us from any and all liability, claims or damages arising from or in any way related to Atlassian Plc. We will not be a party to disputes, negotiations of disputes between You and Atlassian Plc. Responsibility for the decisions You make regarding our software rests solely with and on You. You expressly waive and release Us from any and all liability, claims, causes of action, or damages arising from Your use of the Software, or in any way related to the Atlassian Plc. introduced to You by the Software.
14.5. The maximum liability of Licensor under this Agreement shall not exceed three times the Fees actually paid by the Licensee for the use of the Software during the past twelve months.
14.6. The limitations and exclusions in this Section apply to the maximum extent permitted by law.
15.1. Except otherwise set forth in this Agreememt, each party agrees that all code, inventions, know-how and business, technical and financial information disclosed to such party (“Receiving Party”) by the disclosing party ("Disclosing Party") constitute the confidential property of the Disclosing Party (“Confidential Information”), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be confidential or proprietary due to the nature of the information disclosed and the circumstances surrounding the disclosure. Any information relating to the Software will be deemed our Confidential Information without any marking or further designation. Except as expressly authorized herein, the Receiving Party will (1) hold in confidence and not disclose any Confidential Information to third parties and (2) not use Confidential Information for any purpose other than fulfilling its obligations and exercising its rights under this Agreement. The Receiving Party may disclose Confidential Information to its employees, agents, contractors and other representatives having a legitimate need to know, provided that they are bound to confidentiality obligations no less protective of the Disclosing Party than this Section 15 and that the Receiving Party remains responsible for compliance by them with the terms of this Section 15. The Receiving Party's confidentiality obligations will not apply to information which the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may also disclose Confidential Information if so required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party). The Receiving Party acknowledges that disclosure of Confidential Information may cause substantial harm for which damages alone may not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party may be entitled to appropriate equitable relief in addition to whatever other remedies it might have at law.
16. Intellectual property
16.1. The Software – including their name – are protected by copyright, and other rights provided under the laws of Hungary. We (and our licensors, if applicable) exclusively own all rights, title and interest in and to the Software, including all associated intellectual property rights.
16.2. Without derogating from our rights under any applicable law or this Agreement, You are advised that any attempted or actual infringement of this provision will result in the termination of all your rights under this Agreement. Please note that You are bound by this Agreement to immediately cease any and all use of the Software in case you circumvent any of the means taken by us to protect the Software from unauthorized use.
17. Governing Law and jurisdiction
Any disputes or claims arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of the Agreement are governed by and construed in accordance with the laws of Hungary. Any and all disputes arising from the use of our services shall be governed by the exclusive jurisdiction of the Competent Hungarian Courts based on our registered seat.
18. Final Provisions
All notices to Licensor will be sent to: Ixenit Kft., 7. Záhony st., 1031 Budapest, Hungary, email@example.com All notices to Licensee will be sent to the physical address or the email address provided by Licensee upon Purchase of the Software.
18.2. Modification and amendment
18.2.1. This Agreement may not be modified or amended by You without our written agreement (which may be withheld in our complete discretion without any requirement to provide any explanation).
18.2.2. This Agreement may be modified, varied and changed from time to time. We will notify you through Our Website and/or send You an email of the modifications, variations and/or changes to the Agreement at least 30 days before the modification comes into force. The continued use of the Software after receipt of this notice will constitute Your consent to and acceptance of the modifications, amendments, variations, and/or changes. Please note that we reserve the right to terminate any or all of our Agreement. In such case we will notify you with a 90-day notice period, before we stop our operation.
The following provisions will survive any termination or expiration of this Agreement: Sections 6 (Software Lincence Rights), 13 (Disclaimer and Warranties), 14 (Limitation of Liability (solely with respect to claims arising from your use of the Software) 15 (Confidentiality) 16 (Intellectual Property), 17 (Governing Law and dispute resolution).
18.4.2. No joint venture, partnership, employment, or agency relationship exists between You, Us or any third-party provider as a result of this Agreement or use of the Software.
18.4.3. As the Software are strictly Atlassian Product connected software solutions, You are not entitled to transfer or assign Your rights under this Agreement, except if Atlassian allows it, or if You have the right for such assignment in Your legal system.
18.4.4. If any term of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any enactment or rule of law, the term or part of it will, to that extent, be deemed not to form part of this Agreement but the legality, validity or enforceability of the remainder of this Agreement will not be affected.
18.4.5. This Agreement is governed by and to be construed under the laws of Hungary especially the Civil Code and the Act on Copyright.
18.4.6. Neither party will be liable to the other for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) if the delay or failure is due to events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency (Force Majeure).
18.4.7. This Agreement is the entire agreement between You and Us relating to the Software and supersedes all prior or contemporaneous oral or written communications, proposals and representations between You and Us with respect to the Software or any other subject matter covered by this Agreement. No provision of any purchase order or other business form employed by you will supersede or supplement the terms and conditions of this Agreement, and any such document relating to this Agreement will be for administrative purposes only and will have no legal effect.