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EULA - End User License Agreement

Owned by Alexandru Luchian Constantinescu
Last updated: Sept 28, 2019
4 min read

PARTIES

(1) LIFE IN CODES SOLUTIONS S.R.L. is a company incorporated in Giurgiu, Romania with VAT number RO32426790 which has its office in Bld Independentei, bl 106A, ap 19, Giurgiu, Romania, named as “Licensor”; and

(2) The “Licensee” is the entity, employee or any representative of the Licensee, who accepts the present licence Agreement. Since the Licensee accepts this present licence Agreement agrees that: (i) he has full legal authority to represent and to bind the Licensee to all these Terms; (ii) he has read and understand this licence Agreement.

If you don’t have the legal authority to represent and bind the Licensee, please do not click on “I agree” (or similar button or checkbox) on this site.

Definitions

  1. Authorised Users: employee or any representative of the Licensee who are entitled to use the Software according to the licence Agreement. The Licensee is responsible for understanding this Agreement; for paying all fees made by Authorized Users and for adding Authorized Users.

  2. Confidential Information: information in whatever form (including, without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to the business, Licensees, products, affairs and finances of either party for the time being which is confidential to that party and trade secrets including, without limitation, technical data and know-how relating to the business of that party or any of its Licensors, Licensees, agents, distributors, shareholders, management or business contacts;

  3. Data Protection Legislation: The General Data Protection Regulation 2016/679 of 27 April 2016, the Directive (EU) 2016/680 of 27 April 2016, and all applicable laws relating to the processing of personal data and privacy;

  4. Software: any and all LIFE IN CODES SOLUTIONS S.R.L. add-on (app), application and/or extension proprietary software mentioned in the purchase order. If Support & Maintenance services are subscribed, this includes also updates, revisions bug-fixes, upgrades etc. Third Party Apps that are not from LIFE IN CODES SOLUTIONS S.R.L. are not our responsibility.

Grant of license

LIFE IN CODES SOLUTIONS S.R.L. gives you the non-exclusive and non-transferable right to install and use one copy of the software on a host Atlassian product. The Licensee may install the Software, only on one production instance, on systems owned or operated its Authorized Users.

LIFE IN CODES SOLUTIONS S.R.L., in some cases, may also give you free of charge licenses for non-production instances, such as QA purposes.

You are allowed to make backup copies of the software as many as necessary. You must keep all copies of the software secure and maintain accurate and up-to-date records of the number and locations of all copies of the Software. The Licensor is not responsible for any damage, lost, cost regarding the system of the Licensee (means the systems, software, hardware, networks and any related);

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The software is licensed, not sold.

Description of limitations

The “Licensee” is not allowed to:

  • reproduce, duplicate, modify, adapt or create, or attempt to reproduce, duplicate, modify, adapt or create derivative works of the Software;

  • transfer, temporarily or permanently, rent, lease, sell, sublicense or provide access or attempt to obtain access to the Software to a third party or use the Software for the benefit of any third party;

  • attempt to reverse engineer, disassemble, decompile, translate, or try to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to the software;

The “Licensee” acknowledges and agrees that the Licensor has no support, warranty, indemnification or other obligation or liability with respect to the modifications the Licensee could operate on the licensed software.

Termination

Neither party shall be entitled to terminate this Agreement during the Initial Term, save for where the parties agree in writing.

Without prejudice to any other rights, LIFE IN CODES SOLUTIONS S.R.L. may terminate this agreement if you fail to agree with the terms and conditions of this EULA.

This Agreement is considered terminated (including all related purchase orders) if the other party:

  • fails to pay according to contract and/or after being notified in writing about any amount due;

  • ceases operation without a successor;

  • seeks protection under any bankruptcy, receivership, trust deed, creditors’ arrangement.

In such event, all rights granted to you under this EULA shall cease, you must immediately cease all activities authorised by this EULA and you must destroy all copies of the software in your possession.

Copyright

The Parties keep the exclusivity of their intellectual and/or industrial property rights prior to this Agreement.

The Licensor will keep intellectual property rights, including but not limited to copyrights in and to any Software, materials, add-on, deliverables, derivative works or developments that the Licensor would provide the Licensee.

Be aware that all rights that are not expressly granted are reserved by LIFE IN CODES SOLUTIONS S.R.L.

Limitation of liability

  1. The Licensor is not responsible for any damages (including, without limitation, lost profits, business interruption, or lost information) regarding to inability to use the software, even if the Licensor has been advised of the possibility of such damages.

  2. The Licensor is not responsible for any damage, lost, cost regarding the information system of the Licensee (means the systems, software, hardware, networks and any related);

  3. The Licensor is not responsible for loss of data, direct or indirect loss of profits or anticipated savings or for indirect, special, incidental, consequential losses, or other damages based in contract, tort or otherwise.

  4. You acknowledge that the software has not been developed to meet your individual requirements, and that is your responsibility to ensure that the facilities and functions of the Software as described in the Documents meet your requirements.

  5. The Licensor will have no obligations or responsibility under this Agreement for issues caused by the use of any third-party hardware or software not provided by itself.

Publicity Rights

The Licensor may identify the Licensee as a customer in its promotional materials, unless the Licensee asks for stopping doing at the following address: contact@lifeincodes.com. Please note that it may take us up to 30 days to process your request.

Data protection

LIFE IN CODES SOLUTIONS S.R.L. is committed to respect the Data Protection Legislation privacy of its Users and Clients. This means that the Licensor is the legal entity that controls and collects the personal data. The procedures are in place to safeguard all collected data and respect the rights of the autorised users.