The add-on is licensed under the provisions of the "Standard EULA" from the Atlassian Marketplace Terms of Use as a "Marketplace Product". AppsDelivered, Inc is the "Publisher" of the "Marketplace Product". This document is an addendum for, and therefore extends, the Atlassian Marketplace Terms of Use. This document applies to the following Add-ons: “Smart Comments“.
From time to time, Publisher may modify this Agreement, including any referenced policies and other documents. Any modified version of this document will be effective at the time it is posted. To keep abreast of your license rights and relevant restrictions, please bookmark this Agreement and read it periodically. By using the applicable add-on after any modifications, the End User agrees to all of the modifications. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "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 COPYRIGHT HOLDER OR CONTRIBUTORS 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 "the add-on" only on the Atlassian systems owned, leased or controlled by you. (ii) You may not modify, reverse engineer, decompile or disassemble "the add-on" in whole or in part, create any derivative works from the plugin or sub-license any rights in the plugin unless otherwise expressly authorized in writing by Publisher. (iii) "The add-on" is protected by copyright and other intellectual property laws and treaties. Publisher owns all title, copyright and other intellectual property rights in "the add-on". The plugin is licensed to you directly by Publisher.
Disclaimer
To the maximum extent permitted by applicable law, this software is provided "as is", without warranty of any kind, express or implied. You agree that you bear all risks associated with using or relying on "the add-on". Publisher hereby disclaims all warranties, including but not limited to any implied warranties of title, non-infringement, merchantability or fitness for a particular purpose relating to "the add-on". In no event shall Publisher be liable or responsible for any claim, damages (including, but not limited to, procurement of substitute goods or services; loss of use, data or profits; or business interruption) or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with "the add-on".
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 "the add-on", your violation of these Terms of Use or the EULA, or your violation of any rights of a third party.
Compliance with Law and Reservation of Rights
You will use "the add-on" in compliance with all applicable laws. You do not acquire any ownership rights in the plugin as a result of installing or using "the add-on".
Support and Maintenances
Any support and maintenance of "the add-on" 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 add-on page in the Atlassian Marketplace. In order to provide support the Publisher may require logs, these logs must be anonimized 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
This add-on uses, requires and depends on various 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 required for the plugin to function 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 means, 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 the software. It may also be used anonymously for data aggregation and to provide support to existing or future customers. Before quoting your reference on marketing materials, Publisher will request your permission.
Usefulness and Suitability
The Atlassian Marketplace provides evaluation licenses for you to evaluate the usefulness and suitability of "the add-on" for your purposes. Publisher does not warrant or claim any suitability or fit for "the add-on" and encourages you to evaluate the plugin before purchasing. It is your responsibility to test/verify any new product and product upgrade prior to installing "the add-on" 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.
No information provided by Publisher is contractual unless explicitly specified.