End User License Agreement

  1. Scope of Agreement

    • This Agreement governs your initial purchase of ThinkSoft Software, Support, and Maintenance for the Software, and any Additional Services, as well as any future purchases made by you that reference this Agreement. This Agreement includes each Order, the ThinkSoft Policies, the Product-Specific Terms, and any other referenced policies and terms. The Software and its permitted use are further described in the Documentation. The term “Software” includes Documentation unless otherwise specified.

  2. Use of the Software

    • Your License Rights. Subject to the terms and conditions of this Agreement, Atlassian grants you a non-exclusive, non-sublicensable and non-transferable license to install and use the Software during the applicable License Term for your own business purposes, in accordance with this Agreement, your applicable Scope of Use, the Documentation and all Laws.

    • Product-Specific Terms. Some Software may be subject to additional terms specific to that Software as set forth in the Product-Specific Terms. By accessing or using a product covered by the Product-Specific Terms, you agree to the Product-Specific Terms.

    • Attribution. In any use of the Software, you must not remove, obscure, or alter in any way the following attribution to Atlassian on all user interfaces to the Software: “Powered by Atlassian,” which must in every case include a hyperlink to http://www.atlassian.com, and which must be in the same format as delivered in the Software.

    • Indemnification by You. You will defend, indemnify and hold harmless Atlassian from and against any loss, cost, liability or damage (including attorney’s fees) arising from or relating to any claim brought against Atlassian.

  3. Prices and Terms of Payments

    • The terms of payment are net 15 days after the invoice date.

    • The Customer accepts that invoices and reminders sent by email to the email address provided by the Customer shall be deemed delivered when sent by ThinkSoft.

    • The prices, rates, and subscription types in force from time to time may be changed at the end of each calendar quarter on one month's notice. All prices exclude VAT which might be applied at the prevailing rate in some jurisdictions.

  4. Operational Stability

    • In the event of an interruption of service, ThinkSoft will use reasonable commercial endeavors to restore normal operations as soon as possible.

    • Planned interruptions will mainly take place based on prior notifications to the Customer.

  5. Changes

    • ThinkSoft may update and improve the Application on a continuous basis.

  6. Intellectual Property Rights

    • The Application and any information provided by it, other than the Customer’s data, is protected by copyright and other intellectual property rights.

    • No intellectual property rights are assigned to the Customer.

  7. Change of Terms and Conditions

    • ThinkSoft may update these Terms and Conditions from time to time.

  8. General

    • Entire agreement: Each party confirms that this Agreement sets out the entire agreement and understanding between the parties and that it supersedes all previous agreements, arrangements, and understandings between them relating to the subject matter of the Agreement. Each party confirms that it has not relied upon any statement, representation or understanding that is not an express term of this Agreement and shall not have any remedy in respect of any statement, representation or understanding which is not an express term unless made fraudulently.

    • Rights of Third Parties: Nothing in this Agreement shall create or confer any rights or other benefits in favor of any person other than the parties to this Agreement.

    • Further Assurance: Each party shall at the cost and expense of the other party use all reasonable endeavours to do all such further acts and things and execute or procure the execution of all such other documents as that party may from time to time reasonably require for the purpose of giving that party the full benefit of the assets, rights, and benefits to be transferred to the other party under this agreement.