Unless otherwise indicated, the Plugin is the property of Trivadis Germany GmbH. The software and services provided by Trivadis Germany GmbH are at all times subject to these terms and conditions. By using the plugin 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 Trivadis Germany GmbH ("this Agreement").
2. Agreement to Terms and Conditions
This Agreement takes effect on the date on which you install the plugin into any Confluence or JIRA installation.
3. License Duration
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 Trivadis Germany GmbH will meet your requirements or that its operation will be uninterrupted or error free. Trivadis Germany GmbH 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.
5. Warranties and Limitation of Liability
Trivadis Germany GmbH warrants that its software and services will be provided using reasonable care and skill on a non-exclusive basis. Where Trivadis Germany GmbH supplies any goods supplied by a third party, Trivadis Germany GmbH 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 Trivadis Germany GmbH. Except in respect of death or personal injury caused by Trivadis Germany GmbH's negligence, Trivadis Germany GmbH 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 Trivadis Germany GmbH'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 Trivadis Germany GmbH. Trivadis Germany GmbH 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 Trivadis Germany GmbH 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. Trivadis Germany GmbH 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 Trivadis Germany GmbH are deemed liable to you for breach of this Agreement, you agree that Trivadis Germany GmbH'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 Trivadis Germany GmbH from any and all obligations, liabilities and claims in excess of this limitation.
6. 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.
7. Assignment of Rights
You shall not assign this Agreement or any benefits or interests arising under this Agreement without Trivadis Germany GmbH's prior written permission, such not to be unreasonably withheld.
8. Authorized Users
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 8,"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 Trivadis Germany GmbH. Trivadis Germany GmbH 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. Trivadis Germany GmbH 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 Trivadis Germany GmbH.
10. General Terms and Law
This Agreement is governed by the laws of Germany. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Trivadis Germany GmbH as a result of your use of these services. You agree not to hold yourself out as a representative, agent or employee of Trivadis Germany GmbH. You agree that Trivadis Germany GmbH will not be liable by reason of any representation, act or omission to act by you. Trivadis Germany GmbH'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 Trivadis Germany GmbH's right to comply with law enforcement requests or requirements relating to your use of Trivadis Germany GmbH or information provided to or gathered by Trivadis Germany GmbH with respect to such use.
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).
12. Entire Agreement
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 Trivadis Germany GmbH and you with respect to your use of services, software and/or goods provided by Trivadis Germany GmbH, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between Trivadis Germany GmbH 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. The address for communication to Trivadis Germany GmbH by conventional mail unless you are otherwise notified shall be: