Wavether End User License Agreement¶
This End User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and Wavether Inc. ("Licensor"), the licensor of Content Retention Manager for Confluence (hereinafter: “Software”) for the use of Services associated with the Software are mainly supplied within the Atlassian Cloud environment (hereinafter: “Atlassian Cloud”) functioning within applicable Atlassian Products (as defined in the Atlassian Marketplace Terms of Use).
1. License Grant¶
Subject to the terms and conditions of this Agreement, Licensor grants you a limited, non-exclusive, non-transferable, revocable license to use the Software solely for your personal or internal business purposes.
2. Restrictions¶
You shall not:
a) Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software; b) Remove any copyright or other proprietary notices from the Software; c) Distribute, sublicense, lease, rent, loan, or otherwise transfer the Software to any third party; d) Use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement.
3. Intellectual Property Rights¶
You acknowledge and agree that the Software and any copies thereof are the intellectual property of Licensor and its licensors, and that all right, title, and interest in and to the Software and any copies thereof, including without limitation any and all patents, copyrights, trademarks, trade secrets, and other intellectual property rights, are and shall remain owned solely by Licensor and its licensors.
4. Termination & Amendment¶
We may update, modify, or amend (together, collectively, “revise” or a “revision”) this EULA or Software specific terms, including any referenced policies and other documents. This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice from Licensor if you fail to comply with any term(s) of this Agreement. Upon termination of this Agreement, you shall cease all use of the Software and destroy all copies, full or partial, of the Software.
5. Disclaimer of Warranty¶
The Software is provided "as is," without warranty of any kind. To the maximum extent permitted by applicable law, Licensor disclaims all warranties, express, implied, or statutory, regarding the Software, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
6. Limitation of Liability¶
In no event shall Licensor be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in connection with your use of or inability to use the Software, even if Licensor has been advised of the possibility of such damages.
7. Indemnity¶
Licensee (as an indemnifying party) shall indemnify Licensor (as an indemnified party) against all losses and expenses, including reasonable attorneys fees, in connection with any proceeding arising out of Licensee's unauthorized customization, modification, or other alterations to the Software, including claims that its customization, modification, or other alterations infringe a third party's Intellectual Property rights.
8. Governing Law¶
This Agreement shall be governed by and construed in accordance with the laws of Ontario and the laws of Canada applicable therein. Any and all disputes arising under or in connection with this Agreement, whether as to interpretation, performance or otherwise, shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario and each of the parties hereto hereby irrevocably attorns to the jurisdiction of the courts of such province.
9. Entire Agreement¶
This Agreement constitutes the entire agreement between you and Licensor regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and communications, whether oral or written, between you and Licensor regarding such subject matter.
By installing and activating the Software, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement.