End-User License Agreement for “No Duplicate Issues: JIRA Cloud” developed by Markus Arndt (“No Duplicate Issues”, “software product”, “software”) and available on markus-arndt.com, secretbakery.io, the Chrome Webstore and the Atlassian marketplace.
This End-User License Agreement (“EULA”) is a legal agreement between you and Markus Arndt.
This EULA agreement governs your acquisition and use of “No Duplicate Issues”.
Please read this EULA agreement carefully before completing the installation process and using the software. It provides a license to use software products and contains warranty information and liability disclaimers.
If you register for a free trial of the software product, this EULA agreement will also govern that trial. By clicking “accept” or installing and/or using the software, you are confirming your acceptance 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 “No Duplicate Issues”, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the software supplied by Markus Arndt herewith regardless of whether other software is referred to or described herein. The terms also apply to any updates, supplements, Internet-based services, and support services for the software, unless other terms accompany those items on delivery. If so, those terms apply.
- Chrome Webstore: The website https://chrome.google.com/ owned and operated by Google.
- Atlassian Marketplace: The website https://marketplace.atlassian.com/ owned and operated by Atlassian.
- Licensor: Markus Arndt
- Licensee: The individual or entity (inclusive of subsidiaries) that has licensed the software product under the terms and conditions of this agreement.
- Atlassian Cloud Instance: A software service fully hosted and operated by Atlassian (e.g. Jira Cloud, Jira Service Management Cloud, Confluence Cloud, ..), provided and licensed to a particular organization (individual or entity inclusive of subsidiaries).
- Atlassian Server Instance: A software product provided by Atlassian (e.g. Jira Server, Jira Data Center, Jira Service Management Server, ..), licensed to a particular organization (individual or entity inclusive of subsidiaries), installed, operated and maintained on infrastructure (e.g. physical or virtual servers) owned by that organisation.
- Organization / Organization that owns the [cloud / server] Instance: An individual or entity inclusive of subsidiaries that has licensed an Atlassian [cloud / server] Instance with Atlassian.
- Authorized Use: The installation of “No Duplicate Issues” on a physical computer of the Licensee or the Licensee’s organization and use in conjunction with an Atlassian Cloud Instance of the Organization.
Subject to the terms of this agreement, Markus Arndt hereby grants to the licensee a personal, non-transferable, non-exclusive license to use “No Duplicate Issues” for Authorized Use.
The licensee is permitted to install “No Duplicate Issues” on a computer under Licensees control. The licensee is permitted to use “No Duplicate Issues” in conjunction with Atlassian Cloud Instances under the control of his organization.
The licensee is responsible for ensuring:
- The usage of “No Duplicate Issues” is known to and accepted by the organization that owns the Atlassian Cloud Instances.
- The usage of “No Duplicate Issues” in conjunction does not violate terms set up with the organization that owns the Atlassian Cloud Instance.
- The usage of “No Duplicate Issues” in conjunction does not violate terms and agreed restrictions set up between the Organization and Atlassian.
- “No Duplicate Issues” is compatible with the version of Jira/Jira Service Management it is being used with.
The licensee is 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
- Allow any third party to use the Software on behalf of or for the benefit of any third party
- Use the Software in any way which breaches any applicable local, national or international law
- Use the Software for any purpose that Markus Arndt considers is a breach of this EULA agreement.
- Use the software in conjunction with Atlassian Server Instances
Intellectual Property and Ownership
Markus Arndt shall at all times retain ownership of the Software as originally downloaded by Licensee and all subsequent downloads of the Software by Licensee. 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 Markus Arndt. “No Ducplicate Issues” is made available on a limited license or access basis, and no ownership right is conveyed to Licensee, irrespective of the use of terms such as “purchase” or “sale”. Markus Arndt has and retains all rights, titles, and interests, including all intellectual property rights, in and to “No Duplicate Issues”, their “look and feel”, any and all related or underlying technology, and any modifications or derivatives.
Markus Arndt reserves the right to grant licenses to use the Software to third parties.
To the extent permitted by law, and subject to implied terms, the Licensee acknowledges and agrees that: (1) Markus Arndt gives no guarantee and makes no representation as to the correctness or completeness of the Product; and (2) the the software product is provided on an “as is” basis without warranty, express or implied, of any kind or nature, including, but not limited to, any warranties of performance or fitness for a particular purpose.
Markus Arndt shall not be liable for service failures, delays, interruptions and/or other problems inherent in the use of IT systems outside the reasonable control of Makrus Arndt to the maximum extent permitted by law. Markus Arndt does not make any representation, warranty or guarantee as to the quality, reliability, suitability, performance, availability, completeness or accuracy of “No Duplicate Issues” or that (a): the products will operate in combination with other hard- or software systems, or (b): the use of “No Duplicate Issues” will be uninterrupted, secure or free of errors, or (c): stored or presented data will be accurate and reliable, or (d): errors or defects will be corrected on a schedule not controlled by Markus Arndt, or (e): that “No Duplicate Issues” is free of viruses or other harmful components.
Exclusion of Liability
To the extent permitted by law, and subject to implied terms, Markus Arndt will not be liable to any person for any loss, damage, cost, expense or other claim (including, without limitation, consequential damages and loss of profits) in relation to “No Duplicate Issues” including, without limitation, arising from or relating to: (1) any use or reliance on “No Duplicate Issues” by the person; (2) any errors in and/or omissions from the software product and/or any information contained in the software product ); or (3) any delay, interruption or other failure in the use or operation of “No Duplicate Issues”.
If any law implies in this Agreement any term, condition or warranty which cannot be excluded or limited, then to the extent permitted by law, the liability of Markus Arndt for breach of any such term, condition or warranty is limited to: (1) in the case of products, at Markus Arndt option (A) the re-supply of the goods, or of equivalent goods; or (B) the payment of the cost of having the goods supplied again; and (2) in the case of services, at Markus Arndt option (A) the re-supply of the services; or (B) the payment of the cost of having the services supplied again.
This EULA is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time by uninstalling the Software.
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.
Changes to this Agreement
Markus Arndt may update or modify this Agreement periodically, including any referenced policies and other documents. If a revision meaningfully reduces your rights, we will use reasonable efforts to notify you (by, for example, sending an email to the technical contact you designate in the applicable Order, posting on our website or the product itself). If we modify the Agreement during your License Term or Subscription Term, the modified version will be effective upon your next renewal of a License Term, Support and Maintenance term, or Subscription Term, as applicable. In this case, if you object to the updated Agreement, as your exclusive remedy, you may choose not to renew, including canceling any terms set to auto-renew. With respect to No-Charge products, accepting the updated Agreement is required for you to continue using the No-Charge products. You may be required to click through the updated Agreement to show your acceptance. If you do not agree to the updated Agreement after it becomes effective, you will no longer have a right to use No-Charge products. For the avoidance of doubt, any Order is subject to the version of the Agreement in effect at the time of the Order.
The Licensee grants the Licensor the right to include Licensee as a customer in Software promotional material, including Licensee’s logo. The Licensee can deny this right at any time by submitting a written request via email to [email protected], requesting to be excluded from Software promotional material. Requests may take fourteen (14) calendar days to process.
Applicable law, legal venue, and Severability
This EULA shall be governed exclusively by German law without giving effect to the principles of Germany relating to conflicts of laws.
The sole and exclusive jurisdiction and venue for resolving any controversy or claim arising out of or relating to this EULA shall be the jurisdiction of the courts in Düsseldorf, Germany.
If any provision of this Agreement is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction be ineffective to the extent of the prohibition, invalidity or enforcement without invalidating the remaining provisions of this Agreement or affecting the validity or enforcement of that provision in any other jurisdiction.