Ovyka Product End User Licence Agreement (EULA)

Applicable terms

1. Ovyka (www.ovyka.com) is the Publisher of the Marketplace Product and makes it available through Atlassian Marketplace. These Terms of Use govern your use of the Marketplace Product. If you accept these Terms of Use on behalf of a company or another organisation, you represent that you have authority to bind that entity; in that case, “you” and “your” refer to that entity. If you do not have that authority, or if you do not agree to these Terms of Use, you must not use the Marketplace Product.
2. The Publisher grants you a limited, worldwide, non-exclusive, non-transferable and non-sublicensable licence to download and use the Marketplace Product solely on hardware systems that you own, lease or control.
3. Unless expressly authorised in writing by the Publisher, you may not modify, reverse engineer, decompile or disassemble the Marketplace Product in whole or in part, create any derivative work from it, or sublicense any rights in it.
4. The Marketplace Product is protected by copyright and other intellectual property laws and treaties. Unless the Publisher expressly states otherwise in writing, the Publisher or its licensors own all title, copyright and other intellectual property rights in the Marketplace Product. The Marketplace Product is licensed directly to you by the Publisher; it is not sold.
5. Disclaimer of warranties: unless required by applicable law or agreed in writing, the Publisher provides the Marketplace Product “as is”, without warranties or conditions of any kind, express or implied, including, without limitation, warranties or conditions of title, non-infringement, merchantability or fitness for a particular purpose. You are solely responsible for determining whether use of the Marketplace Product is appropriate and assume the risks associated with exercising the permissions granted under these Terms of Use.
6. Limitation of liability: except where the Publisher’s liability is required by applicable law, including in cases of wilful misconduct or gross negligence, or where otherwise agreed in writing, the Publisher shall not be liable under any legal theory, whether in tort (including negligence), contract or otherwise, for any damages arising from these Terms of Use or from the use of, or inability to use, the Marketplace Product. This exclusion includes any direct, indirect, special, incidental or consequential damages and, without limitation, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damage or loss, even if the Publisher has been advised of the possibility of such damages.
7. These Terms of Use are governed by French law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply. This choice of law does not deprive you of any protection afforded by mandatory provisions of the law of the country in which you habitually reside. If you are acting in the course of business, are a legal person governed by public law or are a public-law fund, the courts of Paris, France, shall have exclusive jurisdiction over all disputes arising from these Terms of Use.