Unless otherwise indicated, the add-on/plugin/app (referred to as “add-on” throughout this EULA) is the property of Purple Rhapsody Tech. The software and services provided by Purple Rhapsody Tech are at all times subject to these terms and conditions. By using the add-on you confirm your acceptance of, and agree to be bound by, these term and conditions. These terms and conditions shall constitute the agreement between you and Purple Rhapsody Tech (“this Agreement”).
Agreement to Terms and Conditions
This Agreement takes effect on the date on which you install the add-on into any Confluence Cloud or Jira Cloud installation and terminates when the add-on is uninstalled from Confluence or Jira.
This license is perpetual, no additional payment is required to maintain it, with the exception of you breaking any part of this license, in which case you lose all rights under the license.
It is not warranted that any software supplied by Purple Rhapsody Tech will meet your requirements or that its operation will be uninterrupted or error free. Purple Rhapsody Tech exclude and expressly disclaim all express and implied warranties or conditions not stated in this Agreement (including without limitation, loss of profits, loss or corruption of data, business interruption or loss of contracts), so far as such exclusion or disclaimer is permitted under the applicable law. This Agreement does not affect your statutory rights.
Warranties and Limitation of Liability
Purple Rhapsody Tech warrants that its software and services will be provided using reasonable care and skill on a non-exclusive basis. Where Purple Rhapsody Tech supplies any goods supplied by a third party, Purple Rhapsody Tech does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to Purple Rhapsody Tech. Except in respect of death or personal injury caused by Purple Rhapsody Tech’s negligence, Purple Rhapsody Tech shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by Purple Rhapsody Tech’s negligence or the negligence of its servants or agents or otherwise) which arise out of or in connection with the provision of any goods or services by Purple Rhapsody Tech. Purple Rhapsody Tech shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control. Any estimates given by Purple Rhapsody Tech as to the time of completion of performance of its services (whether completion of the whole or a part of those services) or delivery of its software shall be estimates only and time shall not be of the essence. Purple Rhapsody Tech when providing electronic media shall take reasonable care to avoid introducing computer viruses to your computer systems and shall not be liable to you by reason of any virus unknowingly introduced to your system by it for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or any claims which arise out of or in connection with such introduction of a computer virus. Notwithstanding contrary clauses in this Agreement, in the event that Purple Rhapsody Tech are deemed liable to you for breach of this Agreement, you agree that Purple Rhapsody Tech’s liability is limited to the amount actually paid by you for your services or software, which amount calculated in reliance upon this clause. You hereby release Purple Rhapsody Tech from any and all obligations, liabilities and claims in excess of this limitation.
Notices and Consents
Any notice, request or other communication to either party by the other under this Agreement shall be given by email, fax or conventional mail and shall be confirmed by conventional mail.
Assignment of Rights
You shall not assign this Agreement or any benefits or interests arising under this Agreement without Purple Rhapsody Tech’s prior written permission, such not to be unreasonably withheld.
Only the specific individuals for whom you have paid the required fees and whom you designate through the applicable Product (“Authorized Users”) may access and use the Products. Authorized Users may be you or your Affiliates’ employees, representatives, consultants, contractors, agents, or other third parties who are acting for your benefit or on your behalf. You may increase the number of Authorized Users permitted to access your instance of the Product by placing a new Order. In all cases, you must pay the applicable fee for the increased number of Authorized Users. You are responsible for compliance with this Agreement by all Authorized Users. All use of Products by you and your Authorized Users must be within the Scope of Use and solely for the benefit of you or your Affiliates.
For the purpose of this article ,“Affiliate” shall mean any entity which, directly or indirectly, controls, is controlled by, or is under common control with, You, where “control” (including, with its correlative meanings, “controlled by” and “under common control with”) means the power to direct the management or policies of an entity, whether through the ownership of voting shares, by contract or otherwise.
The ownership of marketing materials, any software or electronic media, methodologies, strategies, research and designs shall remain with Purple Rhapsody Tech. Purple Rhapsody Tech reserves the right to use in any way it wishes any programming tools, skills, content, methodologies, strategies and techniques acquired or used in performing its duties under this Agreement. The ownership of any data content created using the software shall remain with the author of that content. Purple Rhapsody Tech provides permission for vector and raster representations within the software that it owns to be combined with the representation that the author has created and for the combined result to be persisted in either vector and/or raster format. You may use such graphically persisted representation that you create for any purpose that does not interfere with the business operations of Purple Rhapsody Tech.
General Terms and Law
This Agreement is governed by the laws of the United Kingdom of Great Britain. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Purple Rhapsody Tech as a result of your use of these services. You agree not to hold yourself out as a representative, agent or employee of Purple Rhapsody Tech. You agree that Purple Rhapsody Tech will not be liable by reason of any representation, act or omission to act by you. Purple Rhapsody Tech’s performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of Purple Rhapsody Tech’s right to comply with law enforcement requests or requirements relating to your use of Purple Rhapsody Tech’s or information provided to or gathered by Purple Rhapsody Tech’s with respect to such use.
If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continue in full force and the effect of the remainder of them will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice).
This add-on uses technology provided by Mermaid and that technology is distributed under the MIT Licence. Full details of the licence (which applies only to Purple Rhapsody Tech’s use of the software on their rendering server) can be found here.
If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continuation in full force and the effect of the remainder of them will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice). This Agreement constitutes the entire agreement between Purple Rhapsody Tech and you with respect to your use of services, software and/or goods provided by Purple Rhapsody Tech, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between Purple Rhapsody Tech and you with respect thereto. Each party confirms that it has not relied on any representation not recorded in this document inducing it to enter into this Agreement.