End-User License Agreement (EULA) of INITION Products
This End-User License Agreement (“EULA”) is a legal agreement between you and INITION
This EULA agreement governs your acquisition and use of our INITION Products software (“Software”) directly from INITION or indirectly through a INITION authorized reseller or distributor (a “Reseller”).
Please read this EULA agreement carefully before completing the installation process and using the INITION Products software. It provides a license to use the INITION Products software and contains warranty information and liability disclaimers.
If you register for a free trial of the INITION Products software, this EULA agreement will also govern that trial. By clicking “accept” or installing and/or using the INITION Products software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by INITION herewith regardless of whether other software is referred to or described herein. The terms also apply to any INITION updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply. This EULA was created by EULA Template for INITION Products.
This Software License Agreement (the “Agreement”) is a legal document that binds users of our products (“User” or “Users”) to certain obligations contained herein.
INITION hereby grants you (User) a personal, non-transferable, non-exclusive licence to use the INITION Products software on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the INITION Products software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the INITION Products software.
You are not permitted to:
Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose (except if done via the Atlassian Marketplace resale functionality)
Use the Software in any way which breaches any applicable local, national or international law
Use the Software for any purpose that INITION considers is a breach of this EULA agreement Intellectual Property and Ownership
INITION shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of INITION.
INITION reserves the right to grant licences to use the Software to third parties.
INITION warrants to User that during the Term, the Software will perform substantially in accordance with the Documentation. The foregoing warranty shall not apply to performance issues of our products caused by factors outside of INITION reasonable control; (ii) that result from any actions or inactions of User or any third parties; or (iii) that result from User’s data structure, operating environment or equipment.
Should the Software not perform or function as expressly warranted herein, INITION shall use its commercially reasonable efforts to correct the nonconformities giving rise to such breach. The foregoing remedy is available only if User notifies INITION in writing of such non-conformity within fifteen (15) days of its discovery by User, and INITION’s examination of the Software discloses that such non-conformity exists. The foregoing remedies shall be User’s sole and exclusive remedies and INITION’s entire liability for any breach of the warranty set forth in the previous section.
Disclaimer of Any Other Warranties. EXCEPT FOR THE EXPRESS, LIMITED WARRANTY PROVIDED IN THIS SECTION 9, INITION MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LICENSED MATERIALS, OUR PRODUCTS, OR ANY OTHER ACCOMPANYING MATERIAL PROVIDED HEREUNDER. INITION SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, THOSE ARISING FROM A COURSE OF DEALING OR USAGE OR TRADE, AND OF UNINTERRUPTED OR ERROR-FREE SERVICE, AND ALL SUCH WARRANTIES ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SOFTWARE IS PROVIDED ON AN AS IS, AS AVAILABLE BASIS.
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to INITION.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of CH / SWITZERLAND.