Please read the following End User License Agreement (EULA) before using this app. The licensed computer software program identified above (“Program”), including any printed materials, any online or electronic documentation, and any derivative works thereof are copyrighted works and use of the Program is governed by this License (“License”). By using the Program you agree to be legally bound by the terms of this EULA. Any use, reproduction or redistribution of the Program not in accordance with the terms of this EULA is expressly prohibited. If you do not agree to the terms of this EULA, do not install or use the Program, but you may instead return the Program for a full refund.
1. Ownership
All title, ownership rights and intellectual property rights in and to the Program and any and all copies thereof, including but not limited to any titles, computer code, artwork, animations, graphics, layout, trade dress, sounds, audio and visual presentations are owned by Come2Solution or its assigns and/or licensees. The Program is protected by the copyright laws, international copyright treaties and conventions and any other applicable laws. All rights are reserved worldwide.
2. License
The Products are licensed, not sold, and no ownership right is conveyed to you, irrespective of the use of terms in this EULA such as “purchase” or “sale”.
(a) This EULA grants you the following rights:
Standard Use. For other than No-Charge Products, Come2Solution grants you a perpetual (subject to termination for breach), worldwide, non-exclusive, non-transferable, non-sub licensable license to install and use the Software in object code only, limited to the Scope of Use as designated in your Order.
Hosted Services. Come2Solution grants you a monthly (paid in advance) subscription for worldwide, non-exclusive, non-transferable, non-sub licensable use of the Hosted Services, subject to automatic renewal for successive monthly terms unless either Come2Solution or you notifies the other of non-renewal or Come2Solution ceases to make a particular Hosted Service available. If you cancel, your subscription will terminate at the end of the 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 acknowledge that Hosted Services are on-line, subscription-based products, hosted by Come2Solution and/or Atlassian, and that Come2Solution and/or Atlassian may make changes to the Hosted Services from time to time.
No-Charge Products. Come2Solution may offer you a time-limited, worldwide, non-exclusive, non-transferable, non-sublicensable limited license for certain Products at no charge, including free accounts, trial use, and access to Beta Versions as defined below (“No-Charge Products”). Your use of No-Charge Products is subject to any additional terms specified by Come2Solution and is only permitted for the evaluation period designated by Come2Solution. After the evaluation period is expired you must abide by the Standard Use rights, or must remove and delete all copies of the Software in your possession. You may not use No-Charge Products for competitive analysis or similar purposes. Come2Solution may terminate your right to use No-Charge Products at any time and for any reason in its sole discretion, without liability to you. You understand that any pre-release and beta products (“Beta Versions”) are still under development, may be inoperable or incomplete and are likely to contain more errors and bugs than generally available Products. Come2Solution makes no promises that any Beta Versions will ever be made generally available. In some circumstances, Come2Solution may charge a fee in order to allow you to access Beta Versions, but the Beta Versions will still remain subject to this paragraph. All information regarding the characteristics, features or performance of Beta Versions constitutes Come2Solution’s Confidential Information. To the maximum extent permitted by applicable law, Come2Solution disclaims all obligations or liabilities with respect to No-Charge Products, including any Support Services, warranty, and indemnity obligations.
(b) Your license rights under this EULA are non-exclusive, non-transferable and non-sublicensable. You may not sell, transfer or convey the Software to any third party without Come2Solutoin’s prior express written consent. Come2Solution reserves all rights not expressly granted to the Licensee in this EULA.
(c) Standard Use licensees are permitted to make one (1) copy of the Software for data protection, archiving and backup purposes only and for no other purpose.
(d) You may only install the Software and make the Software available for use on hardware systems owned, leased or controlled by you, or your third party service providers so long as you remain responsible for their compliance with the terms and conditions of this EULA.
(e) This EULA applies whether you purchase Products directly from Come2Solution, through the Atlassian marketplace, through an authorized Reseller or otherwise. If you purchase through a Reseller, your license rights shall be as stated in the Order placed by Reseller for you, and the Reseller is responsible for the accuracy of any such Order. Resellers are not authorized to make any promises or commitments on Come2Solution behalf, and Come2Solution is not bound by any obligations to you other than what is included in this EULA.
3. Price and Payment
If you have not previously paid the license fee for the Product, then you must pay the license fee within the period indicated in the applicable invoice or as otherwise provided in Come2Solution’s pricing terms as published on the Atlassian Marketplace. Failure to pay any license fees by the due date will result in the immediate termination of the license(s) granted under this EULA.
4. Limited Use of License
The Come2Solution hereby grants, and by installing the Program you thereby accept, a restricted, non-exclusive license and right to install and use one (1) copy of the Program for your personal use. You may not network the Program or otherwise install it or use it on more than one computer at a time, except if expressly authorized otherwise in the applicable documentation. The Program is licensed, not sold. Your license confers no title or ownership in the Program.
5. End User’s Obligations
A. Pursuant to the License, you may not, in whole or in part, copy, duplicate, reproduce, translate, reverse-engineer, modify, disassemble, decompile, derive source code, create derivative works based on the Program, remove any proprietary notices or labels from the Program or otherwise modify the Program without the prior written consent of the Come2Solution.
B. You are entitled to use the Program for your own use, but you are not entitled to:
- i. Sell or transfer reproductions of the Program to other parties in any way, nor to rent, lease or license the Program to others
- ii. Publish and/or distribute the computer Program or any of its parts
- iii. Exploit the Program or any of its parts for any commercial purpose including, but not limited to, use at a computer aided training center or any other location-based site where multiple users may simultaneously access the Program.
6. Termination
This License is effective until terminated. You may terminate the License at any time by destroying the Program and any supporting material related to the Program. The Come2Solution may, at its discretion, terminate this License in the event that you fail to comply with the terms and conditions contained herein. In such event, you must immediately destroy the Program and any supporting material.
7. Limited Warranty
The Come2Solution expressly disclaims any warranty for the Program. The Program is provided “as is” without warranties of any kind, either expressed or implied, including, without limitation to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement. The entire risk arising out of use or performance of the Program remains with you. However the Program is warranted that the media containing the Program shall be free from defects in material and workmanship under normal use and services and the Program will perform substantially in accordance with the accompanying written materials, for a period of 90 (ninety) days from the date of your purchase of the Program. The remedy for a Program NOT CONFORMING TO THIS LIMITED WARRANTY is the replacement of the Program with the same or A similar Program.
8. Limitation of Liability
Neither the Come2Solution, nor its related companies shall be liable in any way for loss or damage of any kind resulting from the use of the Program, including but not limited to loss of goodwill, work stoppage, computer failure or malfunction, computer data loss, monetary loss, property damage, improper training scores, injury and/or death, or any and all other commercial damage or losses, including but not limited to consequential damages, actual damages and/or other economic loss.
9. Return Policy
Come2Solution’s customary business practice is to allow customers to return Software within 30 days of payment for any reason or no reason and to receive a refund of the amount paid for the returned Software. A return means that Come2Solution will disable the license key that allowed the Software to operate. Come2Solutoin will not accept returns after the 30-day return period. Returns are not available for Hosted Services.
10. Export Administration.
End User agrees to comply fully with all United States governmental laws and regulations to assure that neither the Licensed Product, nor any direct product thereof, is exported, directly or indirectly, in violation of United States law. The Licensed Product may not be transferred outside the country where delivery is taken or transferred, sold, assigned, or otherwise conveyed to another party without Come2Solution’s prior written consent.
11. Entire Agreement
This EULA constitutes the entire agreement between the parties with respect to its subject matter, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter into this EULA by any representations or promises not specifically stated herein. This EULA may not be modified or amended by you without Com2Solution’s written agreement (which may be withheld in Come2Solution’s complete discretion).
In the event of a conflict between the terms of this EULA and the terms of any open source licenses applicable to the Software, for the specific terms in conflict the terms of the open source licenses shall control with regard to the Software, or part-thereof.
12. Acceptance of Terms and Conditions
End User hereby acknowledges that he/she has read and understands the foregoing License and agrees that the action of installing the Program is an acknowledgment of End User’s agreement to be bound by the terms and conditions of this License. End User also acknowledges and agrees that this License is the complete and exclusive statement of the agreement between the Com2Solution and End User.
Contact Us
If you have any questions about these Terms, please contact us.